Filed: Apr. 06, 2012
Latest Update: Apr. 06, 2012
Summary: ORDER JAMES C. MAHAN, District Judge. A notice of appeal (#6) has been filed in this action. However, it should have been filed in Inmates of CCA/Southern Detention Center, et al., v. CCA/of Southern Nevada Detention Center, et al. , Case No. 2:12-CV-00133-KJD-(VCF), but the plaintiffs in the other action put an incorrect case number on their notice of appeal. The court of appeals has issued a notice (#8) that it will not set a briefing schedule until this court, or the court of appeals, ha
Summary: ORDER JAMES C. MAHAN, District Judge. A notice of appeal (#6) has been filed in this action. However, it should have been filed in Inmates of CCA/Southern Detention Center, et al., v. CCA/of Southern Nevada Detention Center, et al. , Case No. 2:12-CV-00133-KJD-(VCF), but the plaintiffs in the other action put an incorrect case number on their notice of appeal. The court of appeals has issued a notice (#8) that it will not set a briefing schedule until this court, or the court of appeals, has..
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ORDER
JAMES C. MAHAN, District Judge.
A notice of appeal (#6) has been filed in this action. However, it should have been filed in Inmates of CCA/Southern Detention Center, et al., v. CCA/of Southern Nevada Detention Center, et al., Case No. 2:12-CV-00133-KJD-(VCF), but the plaintiffs in the other action put an incorrect case number on their notice of appeal.
The court of appeals has issued a notice (#8) that it will not set a briefing schedule until this court, or the court of appeals, has determined whether a certificate of appealability should issue. This court will not issue a certificate of appealability because petitioner actually has not appealed anything. Petitioner should not take this order as any sort of decision on his petition for a writ of habeas corpus. The court is simply correcting an error caused by parties in an unrelated action.
The court will not transfer the notice of appeal (#6) to Inmates of CCA because a notice of appeal already has been docketed in that action. For reasons not apparent, the plaintiffs decided to file a second notice of appeal.
IT IS THEREFORE ORDERED that a certificate of appealability is DENIED.
