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Foster v. Figueroa

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 30, 2010

JAMAR ANTOINE FOSTER, PETITIONER,
v.
F.E. FIGUEROA, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 23, 2010, petitioner filed a motion for certificate of appealability. The petition for writ of habeas corpus is pending. It appears petitioner seeks leave of court to file an appeal from the January 14, 2010 order denying petitioner's motion to stay this action. Rule 4 of the Federal Rules of Appellate Procedure requires that notices of appeal be filed within thirty days after the order appealed from is entered. Id. Here, over seven months have elapsed since the January 14, 2010 order was entered. Thus, petitioner's motion is untimely and will be denied.

IT IS HEREBY ORDERED that petitioner's August 23, 2010 motion (dkt. no. 18) is denied.

20100830

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