Roman v. Frauenheim
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 16-cv-02985-HSG (PR)
S. FRAUENHEIM, Warden,
ORDER DENYING AS UNNECESSARY
PETITIONER’S APPLICATION FOR
EXTENSION OF TIME
Re: Dkt. No. 36
Petitioner’s application for an extension of time to file a certificate of appealability, which
is construed as an application for an extension of time to file a notice of appeal, is DENIED as
unnecessary. Petitioner has already filed a timely notice of appeal with the United States Court of
Appeals for the Ninth Circuit. See Dkt. No. 33; Fed. R. App. P. 4(a)(4) (a timely filed motion for
reconsideration delays the time for filing a notice of appeal to 30 days from entry of the order
deciding the motion). The Ninth Circuit has received the notice of appeal and will determine
whether a certificate of appealability should issue. See Dkt. No. 35.
This Order terminates Dkt. No. 36.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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