Tilbury v. Frauenheim

Filing 23

ORDER by Judge Haywood S. Gilliam, Jr. DENYING 22 APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 9/20/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
Northern District of California

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DANIEL L. TILBURY,
Petitioner,

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Case No. 15-cv-01266-HSG (PR)

v.
ROBERT W. FOX, Warden,
Respondent.

ORDER DENYING APPLICATION FOR
EXTENSION OF TIME TO FILE
NOTICE OF APPEAL
Re: Dkt. No. 22

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On August 1, 2016, the Court denied on the merits petitioner’s application for a writ of

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habeas corpus and entered judgment. On August 24, 2016, petitioner filed an application for an

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extension of time to file a notice of appeal.

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A petitioner may not appeal a final order in a federal habeas corpus proceeding without

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first obtaining a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A

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judge shall grant a certificate of appealability “only if the applicant has made a substantial

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showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). The certificate must

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indicate which issues satisfy this standard. See id. § 2253(c)(3).

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For the reasons stated at pages 39-40 of the Court’s August 1, 2016 order, a certificate of

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appealability was denied. Accordingly, petitioner’s request for an extension of time to file a

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notice of appeal is DENIED as moot.

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The Clerk shall forward this order to the United States Court of Appeals for the Ninth

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Circuit, from which petitioner may also seek a certificate of appealability. See United States v.

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Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).

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This order terminates Docket No. 22

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IT IS SO ORDERED.

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Dated: 9/20/2016

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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