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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Billy Cepero,

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Petitioner

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v.

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2:14-cv-01397-JAD-PAL
Order

Brian Williams, et al.,

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[ECF Nos. 26, 27]

Respondents

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I dismissed this action with prejudice because it was untimely, and I declined to issue a

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certificate of appealability.1 Now petitioner Billy Cepero asks me to reconsider my dismissal,2

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and he moves for an extension of time to file a petition for a certificate of appealability.3 I deny

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the time-extension motion for two reasons: (1) Cepero has not yet filed a notice of appeal, and

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(2) I already declined to issue a certificate of appealability. If Cepero wants to appeal my

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decision, he needs to ask the court of appeals for a certificate of appealability, not me.

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I also deny Cepero’s motion for reconsideration because he has not demonstrated new

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evidence, fraud, or a mistake by the court. Cepero merely repeats the same arguments that I

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already considered and rejected. His contentions are more appropriate for appellate review than a

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motion for reconsideration.4

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It is unclear whether Cepero is represented by counsel because Cepero filed his most

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recent motions pro se. The court will send a copy of this order to Cepero at the address he has

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given in another civil action.

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ECF No. 24.

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ECF No. 27.

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ECF No. 26.

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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).

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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.

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_______________________________
Jennifer A. Dorsey
United States District Judge

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