Holmes v. Williams et al

Filing 9

ORDERED that a certificate of appealability is DENIED. Signed by Judge James C. Mahan on 4/6/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ROBERT HOLMES III,

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Petitioner,

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vs.

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BRIAN WILLIAMS, et al.,

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Case No. 2:12-CV-00013-JCM-(GWF)

Respondents.

ORDER

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A notice of appeal (#6) has been filed in this action. However, it should have been filed in

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Inmates of CCA/Southern Detention Center, et al., v. CCA/of Southern Nevada Detention Center, et

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al., Case No. 2:12-CV-00133-KJD-(VCF), but the plaintiffs in the other action put an incorrect case

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number on their notice of appeal.

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The court of appeals has issued a notice (#8) that it will not set a briefing schedule until this

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court, or the court of appeals, has determined whether a certificate of appealability should issue.

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This court will not issue a certificate of appealability because petitioner actually has not appealed

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anything. Petitioner should not take this order as any sort of decision on his petition for a writ of

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habeas corpus. The court is simply correcting an error caused by parties in an unrelated action.

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The court will not transfer the notice of appeal (#6) to Inmates of CCA because a notice of

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appeal already has been docketed in that action. For reasons not apparent, the plaintiffs decided to

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file a second notice of appeal.

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IT IS THEREFORE ORDERED that a certificate of appealability is DENIED.

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DATED:April 6, 2012.

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_________________________________
JAMES C. MAHAN
United States District Judge

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