Thetford v. Davis

Filing 12

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY; DENYING REQUEST FOR APPOINTMENT OF COUNSEL RE 10 . Signed by Judge Haywood S. Gilliam, Jr. on 4/18/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/18/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEXTON THETFORD,
Petitioner,

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Case No. 17-cv-00092-HSG (PR)

v.
RON DAVIS, Warden,
Respondent.

ORDER DENYING REQUEST FOR
CERTIFICATE OF APPEALABILITY;
DENYING REQUEST FOR
APPOINTMENT OF COUNSEL
Re: Dkt. No. 10

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Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus

United States District Court
Northern District of California

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pursuant to 28 U.S.C. § 2254, challenging the California Board of Prison Terms’ denial of parole.

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On March 31, 2017, the Court dismissed the petition pursuant to Swarthout v. Cooke, 131 S. Ct.

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859, 862 (2011) and entered judgment in favor of Respondent. On April 10, 2017, Petitioner filed

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a notice of appeal. Petitioner also filed a request for a certificate of appealability and a request for

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appointment of counsel.

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Petitioner’s request for a certificate of appealability is DENIED for the reasons stated at

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pages 2-3 of the Order of Dismissal. (Docket No. 7.) The Clerk shall forward this order to the

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United States Court of Appeals for the Ninth Circuit, from which Petitioner may also seek a

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certificate of appealability. See United States v. Asrar, 116 F.3d 1268, 1270 n.2 (9th Cir. 1997).

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Plaintiff’s request for appointment of counsel on appeal is DENIED without prejudice to

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filing it directly in the Ninth Circuit.

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This order terminates Docket No. 10.

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IT IS SO ORDERED.

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Dated: 4/18/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge