Kilmer v. McDonald

Filing 63

ORDER by Judge Yvonne Gonzalez Rogers denying 62 Motion for Certificate of Appealability as Premature (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 12/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDRICK DON KILMER,

Case No. 11-cv-05560-YGR (PR)

Petitioner,
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ORDER DENYING APPLICATION FOR
CERTIFICATE OF APPEALABILITY
AS PREMATURE

v.
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MARION SPEARMAN, Warden,
Respondent.

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Petitioner’s motion for a certificate of appealability (“COA”) is DENIED as premature.
Dkt. 62. A COA is granted or denied only when the Court issues a final order disposing of a

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United States District Court
Northern District of California

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petition for writ of habeas corpus and enters judgment. See 28 U.S.C. § 2253(c)(1). Because

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Petitioner’s habeas petition is pending, his request for a COA is premature. The Court will issue

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or decline to issue a COA when it rules on Petitioner’s habeas petition.

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This Order terminates Docket No. 62.

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IT IS SO ORDERED.

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Dated: December 18, 2015
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YVONNE GONZALEZ ROGERS
United States District Judge