Thomas v. Miller-Stout

Filing 120

MINUTE ORDER denying Petitioner's 118 Motion for Leave to File Amended Certificate of Appealability. Authorized signed by Judge Ricardo S Martinez. **2 PAGE(S), PRINT ALL**(Demicko Thomas, Prisoner ID: 991403)(PM) cc: Seattle Appeals Clerks

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DEMICKO BILLIE THOMAS,
Petitioner,

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v.
MAGGIE MILLER-STOUT

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Respondent.

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) CASE NO. C11-2186 RSM
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) MINUTE ORDER DENYING MOTION
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The following MINUTE ORDER is made by direction of the Court, the Honorable
Ricardo S. Martinez, Chief United States District Judge:
On January 22, 2018, Petitioner filed a “Motion for Leave to File Amended Certificate of
Appealability.” Dkt. #118. Having reviewed the motion, the Court cannot discern the relief that

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Petitioner is requesting. The Court has not yet reviewed the Magistrate Judge’s Report and

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Recommendation or Petitioner’s Objections thereto, as they are not noted for consideration until

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February 9, 2018.

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Appealability be issued, this Court has not yet made a decision on that recommendation. Thus,

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While the Magistrate Judge has recommended that no Certificate of

no Certificate of Appealibility has been issued or denied, and there is nothing to amend at this

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point in time.

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While it is unclear what relief Petitioner is seeking, he appears to suggest that he is

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seeking additional time and or pages to address the Magistrate Judge’s recommendation

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regarding the Certificate of Appealability.
MINUTE ORDER
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See Dkt. #118.

To that end, this Court has

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continuously denied any additional pages of briefing in this matter, and there is nothing in

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Petitioner’s current motion that would warrant a change in that decision. To the extent Petitioner

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is seeking leave to address any denial of a Certificate of Appealability that this Court may issue

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after review of the Report and Recommendation and Objections thereto, such a request is

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premature.

Accordingly, Petitioner’s Motion for Leave to File Amended Certificate of

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Appealability (Dkt. #118) is DENIED.
DATED this 2nd day of February, 2018.

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WILLIAM McCOOL, Clerk

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By:

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MINUTE ORDER
PAGE - 2

/s/ Paula McNabb
Deputy Clerk