Cepero v. William et al

Filing 33

ORDER denying 27 Motion for District Judge to Reconsider Order; ORDER denying 26 Motion to Extend Time; Signed by Judge Jennifer A. Dorsey on 11/13/2017. (Copies have been distributed pursuant to the NEF, cc: Address Listed on Order - JM) Modified on 11/14/2017 (JM).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Billy Cepero, 5 Petitioner 6 v. 7 2:14-cv-01397-JAD-PAL Order Brian Williams, et al., 8 [ECF Nos. 26, 27] Respondents 9 10 I dismissed this action with prejudice because it was untimely, and I declined to issue a 11 certificate of appealability.1 Now petitioner Billy Cepero asks me to reconsider my dismissal,2 12 and he moves for an extension of time to file a petition for a certificate of appealability.3 I deny 13 the time-extension motion for two reasons: (1) Cepero has not yet filed a notice of appeal, and 14 (2) I already declined to issue a certificate of appealability. If Cepero wants to appeal my 15 decision, he needs to ask the court of appeals for a certificate of appealability, not me. 16 I also deny Cepero’s motion for reconsideration because he has not demonstrated new 17 evidence, fraud, or a mistake by the court. Cepero merely repeats the same arguments that I 18 already considered and rejected. His contentions are more appropriate for appellate review than a 19 motion for reconsideration.4 20 It is unclear whether Cepero is represented by counsel because Cepero filed his most 21 recent motions pro se. The court will send a copy of this order to Cepero at the address he has 22 given in another civil action. 23 24 1 ECF No. 24. 25 2 ECF No. 27. 26 3 ECF No. 26. 27 4 28 See McCarthy v. Mayo, 827 F.2d 1310, 1318 (9th Cir. 1987); see also Plotkin v. Pacific Tel. and Tel. Co., 688 F.2d 1291, 1293 (9th Cir. 1982). 1 2 3 4 5 6 7 Accordingly, IT IS HEREBY ORDERED that Cepero’s motion for extension of time [ECF No. 26] is DENIED. IT IS FURTHER ORDERED that Cepero’s motion for reconsideration [ECF No. 27] is DENIED. The Clerk of Court is directed to MAIL a copy of this order to Billy Cepero, #94730, Ely State Prison, PO Box 1989, Ely, NV 89301. DATED: November 13, 2017. 8 _______________________________ Jennifer A. Dorsey United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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