Moon v. Long

Filing 10

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID CHARLES MOON,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-00679-JD

v.
DAVID LONG,

ORDER OF DISMISSAL AND
DENYING CERTIFICATE OF
APPEALABILITY

Respondent.

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This is a habeas case filed pro se by a state prisoner. The Court ordered respondent to file

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a response but noted that the petition appeared to be untimely and respondent should consider

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whether a motion to dismiss for untimeliness was appropriate. However, petitioner has filed a

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notice of abandonment of the petition. Docket No. 9. Pursuant to petitioner’s filing, this case is

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DISMISSED without prejudice under Rule 41(a) of the Federal Rules of Civil Procedure.

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Because reasonable jurists would not find the result here debatable, a certificate of appealability

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(“COA”) is DENIED. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).

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The Clerk shall close the file.

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IT IS SO ORDERED.
Dated: August 30, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID CHARLES MOON,

Case No. 16-cv-00679-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DAVID LONG,
Defendant.

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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

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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.

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David Charles Moon ID: G13873
California City Correctional Facility (CAC)
P.O. Box 2760
California City, CA 93504

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Dated: August 30, 2016

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Susan Y. Soong
Clerk, United States District Court

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

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