Roman v. Frauenheim

Filing 37

ORDER by Judge Haywood S. Gilliam, Jr. DENYING AS UNNECESSARY PETITIONERS 36 APPLICATION FOR EXTENSION OF TIME. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 12/7/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ISIDRO ROMAN, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-02985-HSG (PR) v. S. FRAUENHEIM, Warden, Respondent. ORDER DENYING AS UNNECESSARY PETITIONER’S APPLICATION FOR EXTENSION OF TIME Re: Dkt. No. 36 12 13 Petitioner’s application for an extension of time to file a certificate of appealability, which 14 is construed as an application for an extension of time to file a notice of appeal, is DENIED as 15 unnecessary. Petitioner has already filed a timely notice of appeal with the United States Court of 16 Appeals for the Ninth Circuit. See Dkt. No. 33; Fed. R. App. P. 4(a)(4) (a timely filed motion for 17 reconsideration delays the time for filing a notice of appeal to 30 days from entry of the order 18 deciding the motion). The Ninth Circuit has received the notice of appeal and will determine 19 whether a certificate of appealability should issue. See Dkt. No. 35. 20 This Order terminates Dkt. No. 36. 21 IT IS SO ORDERED. 22 Dated: 12/7/2017 23 24 25 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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