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CROSS v. BAKER, 3:14-cv-00434-RCJ-VPC. (2014)

Court: District Court, D. Nevada Number: infdco20150106c97 Visitors: 20
Filed: Dec. 31, 2014
Latest Update: Dec. 31, 2014
Summary: ORDER ROBERT C. JONES, District Judge. The court dismissed grounds 4, 5, and 7 of the petition (#4) before directing respondents to file a response. Order (#3). Before the court are petitioner's motion to alter or amend judgment (#7), respondents' opposition (#10), and petitioner's reply (#12). Petitioner asks the court to reconsider the dismissal of grounds 4 and 5. The court agrees with respondents that Rule 59 of the Federal Rules of Civil Procedure is inapplicable; the court did not enter
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ORDER

ROBERT C. JONES, District Judge.

The court dismissed grounds 4, 5, and 7 of the petition (#4) before directing respondents to file a response. Order (#3). Before the court are petitioner's motion to alter or amend judgment (#7), respondents' opposition (#10), and petitioner's reply (#12). Petitioner asks the court to reconsider the dismissal of grounds 4 and 5. The court agrees with respondents that Rule 59 of the Federal Rules of Civil Procedure is inapplicable; the court did not enter judgment, and thus there is no judgment to alter or amend. The court also sees no reason to revisit its dismissal of grounds 4 and 5. Its ruling that petitioner has no constitutionally protected right to an administrative appeal from a prison disciplinary proceeding is a correct statement of law, and the petition itself shows that petitioner received a form that he alleged he did not receive.

Petitioner has filed a notice of interlocutory appeal (#8) and a request for issuance of certificate of appealability (#9). The court did not authorize an interlocutory appeal, and the court will not issue a certificate of appealability.

Respondents have submitted a motion for enlargement of time to respond to petitioner's petition for writ of habeas corpus (#11). The court grants this motion.

IT IS THEREFORE ORDERED that petitioner's motion to alter or amend judgment (#7) is DENIED.

IT IS FURTHER ORDERED that petitioner's request for issuance of certificate of appealability (#9) is DENIED.

IT IS FURTHER ORDERED that respondents' motion for enlargement of time to respond to petitioner's petition for writ of habeas corpus (#11) is GRANTED. Respondents shall have through January 7, 2015, to file and serve an answer or other response to the petition (#9).

Source:  Leagle

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