Stolp v. People of the State of California

Filing 12

ORDER OF DISMISSAL; DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge James Donato on 8/30/16. (lrcS, COURT STAFF) (Filed on 8/30/2016)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

GERALD H. STOLP,
Petitioner,

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23

Case No. 16-cv-00498-JD

v.
PEOPLE OF THE STATE OF
CALIFORNIA,

ORDER OF DISMISSAL;
DENYING CERTIFICATE OF
APPEALABILITY
Re: Dkt. Nos. 1, 2, 7

Respondent.
This pro se habeas action was initiated when petitioner filed a motion for a stay. Petitioner
was advised that if he did not submit a formal petition by May 23, 2016, the case would be
dismissed. No petition has been received. Without an underlying petition or case and
controversy, the Court cannot rule on the motion to stay.
It appears that petitioner was convicted in Calaveras County, which is in the Eastern
District of California. Petitioner filed a separate petition in this Court, No. 16-1265 JD, that was
transferred to the Eastern District. Assuming both petitions concern the same underlying
conviction this case is DISMISSED and CLOSED as duplicative and petitioner should proceed
on the case in the Eastern District. If this petition concerns a different conviction it is still
dismissed for failure to file a petition. All pending motions (Docket Nos. 1, 2, 7) are therefore
DENIED. Because reasonable jurists would not find the result here debatable, a certificate of
appealability (“COA”) is DENIED. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000)
(standard for COA).
IT IS SO ORDERED.
Dated: August 30, 2016

24
25
26
27
28

JAMES DONATO
United States District Judge

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

GERALD H. STOLP,

Case No. 16-cv-00498-JD

Plaintiff,
5
v.

CERTIFICATE OF SERVICE

6
7
8
9
10

PEOPLE OF THE STATE OF
CALIFORNIA,
Defendant.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

11
12
13
14
15

That on August 30, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

16
17
18

Gerald H. Stolp ID: ID: AK4738
California Correctional Institution
P.O. Box 1902
Tehachapi, CA 93581

19
20
21

Dated: August 30, 2016

22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26
27

By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

28
2