Little v. Haynes

Filing 73

MINUTE ORDER denying Petitioner's 67 Motion for Certificate of Appealability, denying Petitioner's 68 Motion for Sanctions. Authorized by Judge Thomas S. Zilly.**1 PAGE(S), PRINT ALL**(Nicholas Little, Prisoner ID: 383972)(MW) (cc: USCA)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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NICHOLAS STERLING LITTLE,

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Petitioner,

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MINUTE ORDER

RONALD HAYNES,

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C20-1071 TSZ

v.

Respondent.
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Petitioner’s motion for a certificate of appealability, docket no. 67, is
11 DENIED without prejudice as premature. See Serine v. Peterson, 989 F.2d 371, 372–73
(9th Cir. 1993) (dismissing the appeal as premature, concluding “there is no question that
12 the magistrate judge’s order was not a final judgment”).
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(2)
Petitioner’s motion for sanctions and attorneys’ fees, docket no. 68, is
DENIED with prejudice. Petitioner seeks sanctions and fees against Respondent
because, after Petitioner reviewed the documents that Respondent filed with the Ninth
Circuit Court of Appeals, he “found substantial state documents missing” from the state
court record that was filed with this Court. Motion for Sanctions (docket no. 68 at 2).
Petitioner, however, has failed to identify which documents were “missing” from the state
court record; and, as Judge Peterson has already concluded, “Respondent’s submission of
the state court record complied with the requirements of Rule 5 of the Rules Governing
Section 2254 Cases.” Order (docket no. 58 at 5).
(3)
The Clerk is directed to send a copy of this Minute Order to pro se
Petitioner, all counsel of record, and Judge Peterson.
Dated this 14th day of June, 2021.

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William M. McCool
Clerk

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s/Gail Glass
Deputy Clerk

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MINUTE ORDER - 1