Larios v. Rackley

Filing 11

ORDER by Judge Claudia Wilken DENYING AS MOOT 10 MOTION FOR CERTIFICATE OF APPEALABILITY. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 8/29/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 No. C 12-1715 CW (PR) GERARDO RAMIREZ LARIOS, ORDER DENYING AS MOOT MOTION FOR CERTIFICATE OF APPEALABILITY Petitioner, v. R.J. RACKLEY, Warden, 8 Doc. no. 10 Respondent. 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Petitioner Gerardo Ramirez Larios filed a petition for a writ of habeas corpus under 28 U.S.C. ยง 2254. On June 30, 2014, the Court entered an Order denying the petition and denying a certificate of appealability. On July 30, 2014, Petitioner filed a motion for a certificate of appealability. This motion is denied as moot because the Court denied a certificate of appealability in its June 30, 2014 Order. Petitioner may not appeal the denial of a Certificate of Appealability in this Court but may seek a certificate from the Ninth Circuit under Rule 22 of the Federal Rules of Appellate Procedure. See Rule 11(a) of the Rules Governing Section 2254 Cases. This Order terminates document number 10. IT IS SO ORDERED. 24 25 26 27 28 Dated: 8/29/2014 CLAUDIA WILKEN United States District Judge

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