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Sherman v. Yolo County Chief Probation Officer

December 17, 2008

JOSEPH A. SHERMAN, PETITIONER,
v.
YOLO COUNTY CHIEF PROBATION OFFICER, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge Sitting by Designation

ORDER

On November 3, 2008, this Court denied Petitioner Joseph A. Sherman's ("Petitioner") application for a writ of habeas corpus. (Doc. 28). The Clerk's Office entered the judgment against Petitioner on November 4, 2008. (Doc. 29). Petitioner filed a document styled "NOTICE OF APPEAL." (Doc. 30).

Even though Petitioner did not expressly request a certificate of appealability, this Court considered the issues he presented for appeal sua sponte. See United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997) ("If no express request is made for a certificate of appealability, the notice of appeal shall be deemed to constitute a request for a certificate."). This Court declined to issue a certificate of appealability. (Doc. 31).

On November 24, 2008, Petitioner requested a certificate of appealability. (Doc. 34). The issues he seeks to certify were already presented in the document styled "NOTICE OF APPEAL," which this Court has considered.

Accordingly, IT IS HEREBY ORDERED that Petitioner's request for a certificate of appealability be DENIED as moot since this Court already declined to certify the same issues in its previous order. (Doc. 31).

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