Harris v. Lewis
ORDER by Judge William Alsup denying 8 Motion for Certificate of Appealability (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 4/18/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 12-6536 WHA (PR)
ORDER DENYING CERTIFICATE
For the Northern District of California
United States District Court
EARNEST S. HARRIS,
Petitioner, a California prisoner incarcerated at Pelican Bay State Prison, filed this pro
se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the calculation of
his time credits and the validity of his sentence. His motion for a certificate of appealability is
(dkt. 8) DENIED as premature as there has not yet been an appealable order or judgment. When
and if judgment is entered against him, this court will rule on whether or not to issue a
certificate of appealability. Petitioner will then have thirty days in which to appeal the
judgment by filing a notice of appeal in this court. If this court denies a certificate of
appealability, petitioner may then file a motion in the United States Court of Appeals for a
certificate of appealability.
IT IS SO ORDERED.
17 , 2013.
UNITED STATES DISTRICT JUDGE
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