Arellano v. Paramo

Filing 77

AMENDED ORDER: The motion for reconsideration (ECF No. 75 ) is Granted in part and Denied in part. The motion to dismiss the First Amended Petition (ECF No. 33 ) is Granted and a certificate of appealability is Granted. It is further Ordered that the Motions (ECF No. 71 and 73 ) are Denied. The Clerk of the Court shall enter an Amended Judgment in order to allow Petitioner the opportunity to file a notice of appeal. Signed by Judge William Q. Hayes on 08/28/2018.(All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RAUL ARELLANO,

Case No.: 17-cv-0354-WQH-MDD
Petitioner,

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AMENDED ORDER

v.
DANIEL PARAMO,
Respondent.

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HAYES, Judge:

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On December 13, 2017, Petitioner Raul Arellano filed a First Amended Petition
(ECF No. 32).

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On July 20, 2018, the Court issued an Order dismissing the First Amended Petition
and denying a certificate of appealability. (ECF No. 65).

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On July 23, 2018, the Clerk of the Court filed a Judgment in a civil case. (ECF No.
66).
On August 24, 2018, Arellano filed a Motion for Reconsideration of the Court’s
Order Dismissing the First Amended Petition. (ECF No. 75).

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The Court has reviewed the Motion for Reconsideration and will not reconsider the

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order dismissing the First Amended Petition. However, the Court finds that the petitioner

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has made a substantial showing that he is entitled to a certificate of appealability. The

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Court will reconsider the order denying the certificate of appealability.

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17-cv-0354-WQH-MDD

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IT IS HEREBY ORDERED that the motion for reconsideration (ECF No. 75) is

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granted in part and denied in part. The motion to dismiss the First Amended Petition (ECF

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No. 33) is granted and a certificate of appealability is granted.

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IT IS FURTHER ORDERED that the Motions (ECF No. 71 and 73) are denied.

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The Clerk of the Court shall enter an AMENDED JUDGMENT in order to allow Petitioner

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the opportunity to file a notice of appeal.

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Dated: August 28, 2018

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17-cv-0354-WQH-MDD