Lindsey v. Hedgpeth

Filing 22

ORDER DENYING PETITIONER'S MOTION TO EXTEND TIME TO FILE A NOTICE OF APPEAL;ORDER CONSTRUING MOTION AS A NOTICE OF APPEAL; DIRECTIONS TO CLERK 20 21 (Illston, Susan) (Filed on 10/11/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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EDWARD LINDSEY,
Petitioner,

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No. C 11-0638 SI (PR)
ORDER DENYING PETITIONER’S
MOTION TO EXTEND TIME TO FILE
A NOTICE OF APPEAL;

v.

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ANTHONY HEDGPETH,

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Respondent.

ORDER CONSTRUING MOTION AS A
NOTICE OF APPEAL;
/

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DIRECTIONS TO CLERK

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This is a closed federal habeas corpus action. The petition was denied and judgment was

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entered in favor of respondent on July 10, 2012. Petitioner was granted an extension of time to

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file a notice of appeal (“NOA”). (Docket No. 19.) Petitioner now asks for another extension.

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(Docket Nos. 20 and 21.) The appellate rules, however, do not allow for any further extensions.

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See Fed. R. App. P. 4(a)(5)(C). Accordingly, this motion is DENIED.

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However, because petitioner clearly intends to appeal this Court’s judgment, the Court

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construes the present motion as an NOA. The Clerk of the Court shall amend the docket to so

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reflect and shall process petitioner’s appeal.

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The Clerk shall terminate Docket Nos. 20 and 21, and process the appeal.

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IT IS SO ORDERED.

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DATED: October 11, 2012
SUSAN ILLSTON
United States District Judge