White v. Baca et al

Filing 34

ORDER that ECF No. 33 Motion for Certificate of Appealability is denied and that Clerk directed to process ECF No. 33 as a notice of appeal. (E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit.) Signed by Judge Miranda M. Du on 1/17/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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GILBERT WHITE,

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Case No. 3:15-cv-00534-MMD-VPC
Petitioner,

v.

ORDER

ISIDRO BACA, et al.,
Respondents.

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This habeas matter comes before the Court on the petitioner’s motion for certificate

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of appealability (ECF No. 33). To the extent petitioner is seeking a certificate of

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appealability from this Court, the motion is denied. The Court has already determined that

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no certificate of appealability should issue (see ECF No. 31 at 4), and nothing in

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petitioner’s latest filing changes the Court’s determination in that respect. As petitioner’s

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filing of January 17, 2018, evidences an intent to file a notice of appeal, the Clerk of Court

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is directed to docket ECF No. 33 as a notice of appeal and process the appeal

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accordingly.

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It is so ordered.

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DATED THIS 17th day of January 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE