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Singh v. Curry

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


September 13, 2010

LAKWINDER SINGH, PETITIONER,
v.
BEN CURRY, WARDEN, CORRECTIONAL TRAINING FACILITY, SOLEDAD, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER

[Re: Motions at Docket Nos. 30 and 31]

At Docket No. 30 Petitioner Lakwinder Singh, a state prisoner proceeding pro se, has filed a Motion for Leave to File a late Application for Certificate of Appealability ("COA"). Essentially, Singh requests an extension of time to seek a COA in the appellate court after this Court denied a COA in its Order at Docket No. 28.

This Court entered its final judgment in this matter on January 14, 2010. The last day to file a notice of appeal was 30 days after entry of the judgment, Tuesday, February 16, 2010.*fn1 The motion at Docket No. 30 is dated April 12, 2010, and was initially filed in the Central District of California on April 14, 2010, and filed in this Court on the same date. This Court may extend the time to file a notice of appeal upon the motion of a party, provided that the motion to extend the time is filed not later than 30 days after the time to appeal has expired.*fn2 Thus, the last day for Singh to move this Court to extend the time to appeal was March 17, 2010. Singh's motion was at least 26 days late. Consequently, this Court lacks authority to extend the time for Singh to file either a Notice of Appeal or a Request for a Certificate of Appealability.

IT IS THEREFORE ORDERED THAT the Motion for Leave to File a Late Application for Certificate of Appealability Following Denial of District Court at Docket No. 30, and the Motion for Certificate of Appealability Following Denial of District Court at Docket No. 31 are DENIED.


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