Burton v. Superior Court of California, County of San Diego

Filing 13

ORDER Denying 12 Motion for Certificate of Appealability; and Order Sua Sponte Extending Deadline for Objections. Because the Court has not entered a final order, Doyle's motion for a certificate of appealability is premature, and is denied. The time for Doyle to file objections to Judge Schopler's R&R is extended to 12/15/2017. Signed by Judge Larry Alan Burns on 11/29/2017. (All non-registered users served via U.S. Mail Service)(lrf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVEN DOYLE BURTON, Petitioner, 12 13 v. 14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO, 15 16 Respondent. Case No.: 16cv2321-LAB (AGS) ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY; AND ORDER SUA SPONTE EXTENDING DEADLINE FOR OBJECTIONS 17 18 19 On November 2, 2017, Magistrate Judge Andrew Schopler issued a report 20 and recommendation (the “R&R”), recommending that Petitioner Steven Doyle 21 Burton’s petition for writ of habeas corpus under 28 U.S.C. ' 2254 be denied. The 22 R&R gave the parties 14 days to file any objections. 23 Burton filed no objections, but instead submitted a motion for certificate of 24 appealability, dated November 7. While the motion uses the case number for this 25 case, the caption identifies it as being filed in the case of United States of America, 26 Plaintiff v. Steven Doyle Burton, Defendant. The body of the motion addresses a 27 federal criminal case against Burton presided over by Judge Anthony Battaglia, 28 not the state conviction from which he is seeking relief. 1 16cv2321-LAB (AGS) 1 Burton was a Defendant in two federal cases against him in this District, both 2 presided over by Judge Battaglia: 15cr2443-AJB, United States of America v. 3 Steven Doyle Burton (filed November 25, 2014); and16cr746-AJB, United States 4 of America v. Steven Doyle Burton (filed April 7, 2016). The former was dismissed 5 on April 15, 2016. In the latter, Doyle was convicted on three of four counts and 6 his appeal is now pending. It appears Burton’s motion is addressing one or both of 7 those cases, rather than this one. 8 Because the Court has not entered a final order, Doyle’s motion for a 9 certificate of appealability is premature, and is DENIED. The time for Doyle to file 10 objections to Judge Schopler’s R&R is EXTENDED to December 15, 2017. 11 12 13 IT IS SO ORDERED. Dated: November 29, 2017 14 15 16 Hon. Larry Alan Burns United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 16cv2321-LAB (AGS)

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