Filed: Oct. 09, 2014
Latest Update: Oct. 09, 2014
Summary: ORDER [Re: Motion at Docket No. 49] JAMES K. SINGLETON, Jr., Senior District Judge. On August 20, 2014, this Court denied Mark Swagerty, a state prisoner proceeding pro se, habeas corpus relief and also denied a certificate of appealability. Docket Nos. 44 at 12, 45 at 1. On September 8, 2014, Swagerty timely filed with this Court a notice of appeal. Docket No. 46. At Docket No. 49, Swagerty filed with this Court a motion for a certificate of appealability. Because this Court has already den
Summary: ORDER [Re: Motion at Docket No. 49] JAMES K. SINGLETON, Jr., Senior District Judge. On August 20, 2014, this Court denied Mark Swagerty, a state prisoner proceeding pro se, habeas corpus relief and also denied a certificate of appealability. Docket Nos. 44 at 12, 45 at 1. On September 8, 2014, Swagerty timely filed with this Court a notice of appeal. Docket No. 46. At Docket No. 49, Swagerty filed with this Court a motion for a certificate of appealability. Because this Court has already deni..
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ORDER [Re: Motion at Docket No. 49]
JAMES K. SINGLETON, Jr., Senior District Judge.
On August 20, 2014, this Court denied Mark Swagerty, a state prisoner proceeding pro se, habeas corpus relief and also denied a certificate of appealability. Docket Nos. 44 at 12, 45 at 1. On September 8, 2014, Swagerty timely filed with this Court a notice of appeal. Docket No. 46. At Docket No. 49, Swagerty filed with this Court a motion for a certificate of appealability. Because this Court has already denied Swagerty a certificate of appealability, it appears that Swagerty inadvertently filed his motion with this Court rather than the Court of Appeals.
IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer Swagerty's Motion for a Certificate of Appealability at Docket No. 49 to the Ninth Circuit Court of Appeals.
