Dryden v. Dzurenda et al

Filing 76

ORDER. IT IS THEREFORE ORDERED that the motion to appeal 73 and motion for appointment of counsel 74 ARE DENIED. IT IS FURTHER ORDERED that, to the extent required, a certificate of appealability is denied. Signed by Judge Jennifer A. Dorsey on 5/21/2023. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:17-cv-00704-JAD-NJK Document 76 Filed 05/21/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Bryan Dryden,
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Petitioner

5 v.

Case No. 2:17-cv-00704-JAD-NJK
Order Denying Motion to Appeal and
Denying Motion for Appointment of
Counsel

6 Calvin Johnson, et al.,
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[ECF Nos. 73, 74]

Respondents

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On March 23, 2022, I denied Petitioner Bryan Dryden’s petition for writ of habeas corpus

9 under 28 U.S.C. § 2254. 1 Dryden appealed, and the Ninth Circuit Court of Appeals denied
10 Dryden a certificate of appealability on October 27, 2022. 2 The Ninth Circuit Court of Appeals
11 then granted Dryden’s counsel’s motion to withdraw. 3
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Dryden has filed a motion to appeal, explaining that the state district court denied his

13 ability to file a second or successive state habeas petition and asking this court to order the state
14 district court to allow him to do so. 4 Dryden has also filed a request for appointment of counsel. 5
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This case is closed, so there is no basis to grant Dryden’s motion for the appointment of

16 counsel. And if Dryden wishes to appeal a state district court order, he must file an appeal with
17 the Nevada Supreme Court, not file a motion in this court. 6
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ECF No. 63.

2

ECF No. 68.

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ECF No. 69.

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ECF No. 73.

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ECF No. 74.

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If Dryden desires to file a second or successive federal habeas petition in this court, he must
first file a motion with the Ninth Circuit Court of Appeals requesting authorization for this court
to consider such a second or successive federal habeas petition. See 28 U.S.C. § 2244(b)(3)(A).

Case 2:17-cv-00704-JAD-NJK Document 76 Filed 05/21/23 Page 2 of 2

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IT IS THEREFORE ORDERED that the motion to appeal [ECF No. 73] and motion for

2 appointment of counsel [ECF No. 74] ARE DENIED.
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IT IS FURTHER ORDERED that, to the extent required, a certificate of appealability is

4 denied.
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Dated: May 21, 2023

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_________________________________
U.S. District Judge Jennifer A. Dorsey

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