Harris v. Lewis

Filing 9

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-6536 WHA (PR)
ORDER DENYING CERTIFICATE
OF APPEALABILITY

Petitioner,
For the Northern District of California

United States District Court

EARNEST S. HARRIS,
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v.
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(Dkt. 8)

LEWIS, Warden,
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Respondent.
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Petitioner, a California prisoner incarcerated at Pelican Bay State Prison, filed this pro
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se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the calculation of
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his time credits and the validity of his sentence. His motion for a certificate of appealability is
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(dkt. 8) DENIED as premature as there has not yet been an appealable order or judgment. When
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and if judgment is entered against him, this court will rule on whether or not to issue a
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certificate of appealability. Petitioner will then have thirty days in which to appeal the
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judgment by filing a notice of appeal in this court. If this court denies a certificate of
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appealability, petitioner may then file a motion in the United States Court of Appeals for a
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certificate of appealability.
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IT IS SO ORDERED.
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Dated: April

17 , 2013.

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G:\PRO-SE\WHA\HC.12\HARRIS6536.COA.wpd

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE