Crisman v. LeGrande et al

Filing 15

ORDER - Petitioner's motion for a certificate of appealability(ECF No. 10 ), motion for the appointment of counsel on appeal (ECF No. 11 ), and motion to extend copywork (ECF No. 12 ) are DENIED. IT IS FURTHER ORDERED that petitioner shall file no further documents in this closed action. Signed by Judge Howard D. McKibben on 6/27/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BRIAN CRISMAN,
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Petitioner,

Case No. 3:14-cv-00636-HDM-WGC

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vs.

ORDER

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WARDEN LeGRAND, et al.,
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Respondents.
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This closed action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C.

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§ 2254 by a Nevada state prisoner. On October 21, 2015, the Court dismissed this action because it

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was filed after the expiration of the AEDPA statute of limitations. (ECF No. 7). In the dismissal

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order, the Court denied petitioner a certificate of appealability. (ECF No. 7, at p. 2). Judgment was

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entered on October 21, 2015. (ECF No. 8).

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Petitioner filed a notice of appeal on December 16, 2015. (ECF No. 9). On the same date,

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petitioner filed in this Court two motions that are captioned for the Ninth Circuit Court of Appeals –

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a motion for a certificate of appealability (ECF No. 10) and a motion for the appointment of counsel

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(ECF No. 11). These two motions are denied as not properly before this Court. Also on December

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16, 2015, petitioner filed a motion to extend prison copywork limit, which is captioned for this

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Court. The motion to extend copywork is denied, as petitioner gives no good cause to support his

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motion. In the meantime, on February 29, 2016, the Ninth Circuit Court of Appeals denied

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petitioner a certificate of appealability and denied all pending motions in the appeal. (ECF No. 14).

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IT IS THEREFORE ORDERED that petitioner’s motion for a certificate of appealability

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(ECF No. 10), motion for the appointment of counsel on appeal (ECF No. 11), and motion to extend

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copywork (ECF No. 12) are DENIED.

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IT IS FURTHER ORDERED that petitioner shall file no further documents in this closed
action.
Dated this 27th day of June, 2016.

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HOWARD D. McKIBBEN
UNITED STATES DISTRICT JUDGE

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