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Cepero v. William, 2:14-cv-01397-JAD-PAL. (2017)

Court: District Court, D. Nevada Number: infdco20171115d46 Visitors: 15
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
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Order

[ECF Nos. 26, 27]

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.

FootNotes


1. ECF No. 24.
2. ECF No. 27.
3. ECF No. 26.
4. See McCarthy v. Mayo, 827 F.2d 1310, 1318 (9th Cir. 1987); see also Plotkin v. Pacific Tel. and Tel. Co., 688 F.2d 1291, 1293 (9th Cir. 1982).
Source:  Leagle

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