Filed: Nov. 13, 2017
Latest Update: Nov. 13, 2017
Summary: Order [ECF Nos. 26, 27] JENNIFER A. DORSEY , District Judge . I dismissed this action with prejudice because it was untimely, and I declined to issue a certificate of appealability. 1 Now petitioner Billy Cepero asks me to reconsider my dismissal, 2 and he moves for an extension of time to file a petition for a certificate of appealability. 3 I deny the time-extension motion for two reasons: (1) Cepero has not yet filed a notice of appeal, and (2) I already declined to issue a certifica
Summary: Order [ECF Nos. 26, 27] JENNIFER A. DORSEY , District Judge . I dismissed this action with prejudice because it was untimely, and I declined to issue a certificate of appealability. 1 Now petitioner Billy Cepero asks me to reconsider my dismissal, 2 and he moves for an extension of time to file a petition for a certificate of appealability. 3 I deny the time-extension motion for two reasons: (1) Cepero has not yet filed a notice of appeal, and (2) I already declined to issue a certificat..
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Order
[ECF Nos. 26, 27]
JENNIFER A. DORSEY, District Judge.
I dismissed this action with prejudice because it was untimely, and I declined to issue a certificate of appealability.1 Now petitioner Billy Cepero asks me to reconsider my dismissal,2 and he moves for an extension of time to file a petition for a certificate of appealability.3 I deny the time-extension motion for two reasons: (1) Cepero has not yet filed a notice of appeal, and (2) I already declined to issue a certificate of appealability. If Cepero wants to appeal my decision, he needs to ask the court of appeals for a certificate of appealability, not me.
I also deny Cepero's motion for reconsideration because he has not demonstrated new evidence, fraud, or a mistake by the court. Cepero merely repeats the same arguments that I already considered and rejected. His contentions are more appropriate for appellate review than a motion for reconsideration.4
It is unclear whether Cepero is represented by counsel because Cepero filed his most recent motions pro se. The court will send a copy of this order to Cepero at the address he has given in another civil action.
Accordingly, IT IS HEREBY ORDERED that Cepero's motion for extension of time [ECF No. 26] is DENIED.
IT IS FURTHER ORDERED that Cepero's motion for reconsideration [ECF No. 27] is DENIED.
The Clerk of Court is directed to MAIL a copy of this order to Billy Cepero, #94730, Ely State Prison, PO Box 1989, Ely, NV 89301.