Polk v. Baker et al

Filing 30

ORDER - A certificate of appealability is DENIED. Clerk shall send a copy of this order to the U.S. Court of Appeals for the Ninth Circuit, attention case number 20-16784 (Electronic Ad Hoc Service to 9th Circuit on 9/24/2020). Signed by Judge Larry R. Hicks on 9/24/2020. (Copies have been distributed pursuant to the NEF - AB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RENARD T. POLK,

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Petitioner,
v.

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Case No. 3:17-cv-00026-LRH
ORDER

RENEE BAKER, et al.,

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Respondents.

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On August 18, 2020, this court entered an order denying petitioner's motion for

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leave to file a first amended petition for writ of habeas corpus. ECF No. 25. On

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September 4, 2020, petitioner filed a notice of appeal with respect to that order. ECF

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No. 26.

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When petitioner filed his motion, final judgment had been entered and this case

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had not been reopened by way of a post-judgment motion or a remand from the court of

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appeals. Reasonable jurists would not find the denial of petitioner’s motion debatable or

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wrong. See Lindauer v. Rogers, 91 F.3d 1355, 1357 (9th Cir. 1996). Thus, this court

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declines to grant a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473,

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483–84 (2000).

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IT IS THEREFORE ORDERED that a certificate of appealability is DENIED.

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IT IS FURTHER ORDERED that the Clerk shall send a copy of this order to the

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U.S. Court of Appeals for the Ninth Circuit, attention case number 20-16784.
DATED this 24th day of September, 2020.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE