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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 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, 11 12 v. 13 (Dkt. 8) LEWIS, Warden, 14 Respondent. / 15 16 Petitioner, a California prisoner incarcerated at Pelican Bay State Prison, filed this pro 17 se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the calculation of 18 his time credits and the validity of his sentence. His motion for a certificate of appealability is 19 (dkt. 8) DENIED as premature as there has not yet been an appealable order or judgment. When 20 and if judgment is entered against him, this court will rule on whether or not to issue a 21 certificate of appealability. Petitioner will then have thirty days in which to appeal the 22 judgment by filing a notice of appeal in this court. If this court denies a certificate of 23 appealability, petitioner may then file a motion in the United States Court of Appeals for a 24 certificate of appealability. 25 IT IS SO ORDERED. 26 Dated: April 17 , 2013. 27 28 G:\PRO-SE\WHA\HC.12\HARRIS6536.COA.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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