Bayard v. Skolnik et al

Filing 73

ORDERED that petitioner's two motions re clerical error (ECF Nos. 70 , 71 ) are both DENIED. IT IS FURTHER ORDERED that a certificate of appealability is denied. Signed by Judge Robert C. Jones on 4/5/2022. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 Petitioner, ORDER v. HOWARD SKOLNIK, et al., Respondents. 14 15 *** Case No. 3:09-cv-00476-RCJ-CLB ANTWON MAURICE BAYARD, Petitioner Antwon Maurice Bayard’s 28 U.S.C. § 2254 habeas corpus petition 16 was dismissed on June 9, 2010, and judgment was entered (ECF Nos. 40, 41). Nearly 17 twelve years later Bayard has filed two motions re: clerical error (ECF Nos. 70, 71). 18 Bayard asserts that respondents’ motion to dismiss (ECF No. 18) was inadvertently filed 19 in this case even though it was a motion to dismiss his 42 U.S.C. § 1983 civil rights 20 action. He is incorrect. Respondents moved in this case to dismiss this habeas petition, 21 and the court granted the motion (ECF Nos. 18, 40). 22 23 24 IT IS THEREFORE ORDERED that petitioner’s two motions re clerical error (ECF Nos. 70, 71) are both DENIED. IT IS FURTHER ORDERED that a certificate of appealability is denied. 25 26 DATED: 5 April 2022. 27 ROBERT C. JONES UNITED STATES DISTRICT JUDGE 28 1

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