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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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 DEMICKO BILLIE THOMAS, Petitioner, 9 10 11 v. MAGGIE MILLER-STOUT 12 Respondent. ) ) CASE NO. C11-2186 RSM ) ) ) MINUTE ORDER DENYING MOTION ) ) ) ) ) 13 14 15 16 17 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 18 19 Petitioner is requesting. The Court has not yet reviewed the Magistrate Judge’s Report and 20 Recommendation or Petitioner’s Objections thereto, as they are not noted for consideration until 21 February 9, 2018. 22 Appealability be issued, this Court has not yet made a decision on that recommendation. Thus, 23 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 24 25 point in time. 26 While it is unclear what relief Petitioner is seeking, he appears to suggest that he is 27 seeking additional time and or pages to address the Magistrate Judge’s recommendation 28 regarding the Certificate of Appealability. MINUTE ORDER PAGE - 1 See Dkt. #118. To that end, this Court has 1 continuously denied any additional pages of briefing in this matter, and there is nothing in 2 Petitioner’s current motion that would warrant a change in that decision. To the extent Petitioner 3 is seeking leave to address any denial of a Certificate of Appealability that this Court may issue 4 after review of the Report and Recommendation and Objections thereto, such a request is 5 premature. Accordingly, Petitioner’s Motion for Leave to File Amended Certificate of 6 7 8 Appealability (Dkt. #118) is DENIED. DATED this 2nd day of February, 2018. 9 WILLIAM McCOOL, Clerk 10 By: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MINUTE ORDER PAGE - 2 /s/ Paula McNabb Deputy Clerk

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