Whitworth v. United States Parole Commission et al

Filing 14

ORDER by Judge Haywood S. Gilliam, Jr. ADDRESSING 13 REQUEST FOR CLARIFICATION. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 2/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JERRY ALFRED WHITWORTH,

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Case No. 16-cv-01469-HSG

Plaintiff,
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ORDER ADDRESSING REQUEST FOR
CLARIFICATION

v.
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UNITED STATES PAROLE
COMMISSION, et al.,

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Defendants.

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United States District Court
Northern District of California

Re: Dkt. No. 13

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On February 2, 2017, Petitioner filed a request for clarification.1 Final judgment in this

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action was issued on August 19, 2016 (Dkt. No. 9) and the Court’s order denying reconsideration

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was issued on December 1, 2016 (Dkt. No. 12). The Court’s direction to the Clerk of the Court in

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the December 1, 2016 Order Denying Motion for Reconsideration to re-file Docket No. 1 as a

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Section 2255 motion in Case No. CR 85-cr-0552-RS-1 did not re-open this case.2
This case is closed and no further filings will be accepted in this case. This order

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terminates Dkt. No. 13.
IT IS SO ORDERED.

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Dated: 2/24/2017
____________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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Petitioner states that if the Court’s December 1, 2016 order is a final judgment, he “give[s] notice
of his intent to appeal.” Docket No. 13 at 2. If Petitioner wishes to file an appeal, he must file a
notice of appeal that complies with the content requirements set forth in Rule 3 of the Federal
Rules of Appellate Procedure, and file such notice within the time set forth in Rule 4 of the
Federal Rules of Appellate Procedure.
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Petitioner requests appointment of counsel and bail “[i]f other habeas corpus proceedings are
required.” Docket No. 13 at 2. These requests should be made in the case in which his habeas
corpus petition is pending, 85-cr-0552-RS-1.