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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ISIDRO ROMAN,
Petitioner,

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United States District Court
Northern District of California

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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

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Petitioner’s application for an extension of time to file a certificate of appealability, which

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is construed as an application for an extension of time to file a notice of appeal, is DENIED as

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unnecessary. Petitioner has already filed a timely notice of appeal with the United States Court of

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Appeals for the Ninth Circuit. See Dkt. No. 33; Fed. R. App. P. 4(a)(4) (a timely filed motion for

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reconsideration delays the time for filing a notice of appeal to 30 days from entry of the order

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deciding the motion). The Ninth Circuit has received the notice of appeal and will determine

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whether a certificate of appealability should issue. See Dkt. No. 35.

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This Order terminates Dkt. No. 36.

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IT IS SO ORDERED.

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Dated: 12/7/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge