Filed: Sep. 20, 2016
Latest Update: Sep. 20, 2016
Summary: ORDER DENYING APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Re: Dkt. No. 22 HAYWOOD S. GILLIAM, Jr. , District Judge . On August 1, 2016, the Court denied on the merits petitioner's application for a writ of habeas corpus and entered judgment. On August 24, 2016, petitioner filed an application for an extension of time to file a notice of appeal. A petitioner may not appeal a final order in a federal habeas corpus proceeding without first obtaining a certificate of appealabil
Summary: ORDER DENYING APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL Re: Dkt. No. 22 HAYWOOD S. GILLIAM, Jr. , District Judge . On August 1, 2016, the Court denied on the merits petitioner's application for a writ of habeas corpus and entered judgment. On August 24, 2016, petitioner filed an application for an extension of time to file a notice of appeal. A petitioner may not appeal a final order in a federal habeas corpus proceeding without first obtaining a certificate of appealabili..
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ORDER DENYING APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL
Re: Dkt. No. 22
HAYWOOD S. GILLIAM, Jr., District Judge.
On August 1, 2016, the Court denied on the merits petitioner's application for a writ of habeas corpus and entered judgment. On August 24, 2016, petitioner filed an application for an extension of time to file a notice of appeal.
A petitioner may not appeal a final order in a federal habeas corpus proceeding without first obtaining a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A judge shall grant a certificate of appealability "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate must indicate which issues satisfy this standard. See id. § 2253(c)(3).
For the reasons stated at pages 39-40 of the Court's August 1, 2016 order, a certificate of appealability was denied. Accordingly, petitioner's request for an extension of time to file a notice of appeal is DENIED as moot.
The Clerk shall forward this order to the United States Court of Appeals for the Ninth Circuit, from which petitioner may also seek a certificate of appealability. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997).
This order terminates Docket No. 22
IT IS SO ORDERED.
