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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STEVEN DOYLE BURTON,
Petitioner,

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v.

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SUPERIOR COURT OF
CALIFORNIA, COUNTY OF SAN
DIEGO,

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Respondent.

Case No.: 16cv2321-LAB (AGS)
ORDER DENYING MOTION FOR
CERTIFICATE OF
APPEALABILITY; AND
ORDER SUA SPONTE
EXTENDING DEADLINE FOR
OBJECTIONS

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On November 2, 2017, Magistrate Judge Andrew Schopler issued a report

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and recommendation (the “R&R”), recommending that Petitioner Steven Doyle

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Burton’s petition for writ of habeas corpus under 28 U.S.C. ' 2254 be denied. The

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R&R gave the parties 14 days to file any objections.

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Burton filed no objections, but instead submitted a motion for certificate of

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appealability, dated November 7. While the motion uses the case number for this

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case, the caption identifies it as being filed in the case of United States of America,

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Plaintiff v. Steven Doyle Burton, Defendant. The body of the motion addresses a

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federal criminal case against Burton presided over by Judge Anthony Battaglia,

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not the state conviction from which he is seeking relief.
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16cv2321-LAB (AGS)

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Burton was a Defendant in two federal cases against him in this District, both

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presided over by Judge Battaglia: 15cr2443-AJB, United States of America v.

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Steven Doyle Burton (filed November 25, 2014); and16cr746-AJB, United States

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of America v. Steven Doyle Burton (filed April 7, 2016). The former was dismissed

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on April 15, 2016. In the latter, Doyle was convicted on three of four counts and

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his appeal is now pending. It appears Burton’s motion is addressing one or both of

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those cases, rather than this one.

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Because the Court has not entered a final order, Doyle’s motion for a

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certificate of appealability is premature, and is DENIED. The time for Doyle to file

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objections to Judge Schopler’s R&R is EXTENDED to December 15, 2017.

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IT IS SO ORDERED.
Dated: November 29, 2017

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Hon. Larry Alan Burns
United States District Judge

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16cv2321-LAB (AGS)