Cross v. Baker et al

Filing 17

ORDERED that P's # 7 Motion to alter or amend judgment is DENIED. FURTHER ORDERED that P's # 9 Request for issuance of certificate of appealability (#9) is DENIED FURTHER ORDERED that Rs' # 11 Motion for enlargement of time is GRANTED : Answer/response to petition due by 1/7/2015. Signed by Judge Robert C. Jones on 12/30/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ANTHONY CROSS,

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Petitioner,

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vs.

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Case No. 3:14-cv-00434-RCJ-VPC

RENEE BAKER, et al.,

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ORDER

Respondents.

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The court dismissed grounds 4, 5, and 7 of the petition (#4) before directing respondents to

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file a response. Order (#3). Before the court are petitioner’s motion to alter or amend judgment

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(#7), respondents’ opposition (#10), and petitioner’s reply (#12). Petitioner asks the court to

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reconsider the dismissal of grounds 4 and 5. The court agrees with respondents that Rule 59 of the

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Federal Rules of Civil Procedure is inapplicable; the court did not enter judgment, and thus there is

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no judgment to alter or amend. The court also sees no reason to revisit its dismissal of grounds 4

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and 5. Its ruling that petitioner has no constitutionally protected right to an administrative appeal

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from a prison disciplinary proceeding is a correct statement of law, and the petition itself shows that

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petitioner received a form that he alleged he did not receive.

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Petitioner has filed a notice of interlocutory appeal (#8) and a request for issuance of

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certificate of appealability (#9). The court did not authorize an interlocutory appeal, and the court

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will not issue a certificate of appealability.

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Respondents have submitted a motion for enlargement of time to respond to petitioner’s
petition for writ of habeas corpus (#11). The court grants this motion.

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IT IS THEREFORE ORDERED that petitioner’s motion to alter or amend judgment (#7) is
DENIED.
IT IS FURTHER ORDERED that petitioner’s request for issuance of certificate of
appealability (#9) is DENIED.

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IT IS FURTHER ORDERED that respondents’ motion for enlargement of time to respond to

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petitioner’s petition for writ of habeas corpus (#11) is GRANTED. Respondents shall have through

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January 7, 2015, to file and serve an answer or other response to the petition (#9).

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Dated: This 30th day of December, 2014.
Dated:

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_________________________________
ROBERT C. JONES
United States District Judge

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