Duda v. Neven et al

Filing 35

ORDER that the clerk, if she has not already done so prior to the docketing of this order, shall treat the application for a certificate of appealability also as a notice of appeal also filed on June 27, 2018, and shall docket and process the appeal. FURTHER ORDERED that, to the extent submitted to this court, 34 Motion/Application for Certificate of Appealability is DENIED. (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit.) Signed by Judge James C. Mahan on 7/16/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CHESTER DUDA,
Petitioner,

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2:16-cv-01176-JCM-CWH
ORDER

vs.
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D. NEVEN, et al.,
Respondents.

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In this habeas matter under 28 U.S.C. § 2254, the clerk of the court of appeals has

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forwarded an application for a certificate of appealability received in that court on June 27,

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2018, to the clerk of this court. (ECF No. 34.) Final judgment was entered herein on June

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14, 2018; and the certificate of service reflects that petitioner dispatched the application f or

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a certificate of appealability on June 25, 2018. Accordingly,

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IT IS ORDERED that the clerk, if she has not already done so prior to the docketing

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of this order, shall treat the application for a certificate of appealability also as a notice of

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appeal also filed on June 27, 2018, and shall docket and process the appeal.

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IT FURTHER IS ORDERED that, to the extent submitted to this court, the application

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for a certificate of appealability (ECF No. 34) is DENIED, for the reasons previously assigned.

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(See ECF No. 32, at 6.)

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DATED: July 16, 2018.

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_________________________________
JAMES C. MAHAN
United States District Judge