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Dickson v. Subia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 24, 2010

BRADFORD DICKSON, PETITIONER,
v.
R.J. SUBIA, RESPONDENT.

The opinion of the court was delivered by: James L. Robart United States District Judge

ORDER DENYING CERTIFICATE OF APPEALABILITY

The court has reviewed Petitioner's motion for a certificate of appealability. (Dkt. # 33.) In that motion, Petitioner acknowledges that this court has already declined to issue a certificate of appealability in this case. (Mot. at 3; see Order entered July 12, 2010 (Dkt. # 28).) Petitioner cites to the former Rule 11 of the Rules Governing Section 2254 Cases wherein the petitioner must file a motion for a certificate of appealability before the district court rules on the motion. Effective December 1, 2009, Rule 11 was amended to require the district court to "issue or deny a certificate of appealability when it enters a final order adverse to the applicant." This is what occurred in this case. Petitioner may, however, seek a certificate from the court of appeals under Federal Rule of Appellate Procedure 22. See Rule 11(a) of the Rules Governing Section 2254 Cases.

Accordingly, the court orders as follows:

(1) The clerk shall TERMINATE the motion for certificate of appealability (Dkt. # 33),

(2) The clerk shall transmit a copy of this order, the docket in this action, and Petitioner's motion for a certificate of appealability to the Ninth Circuit Court of Appeals; and

(3) The clerk shall transmit a copy of this order to Petitioner at his address of record, and at his address of record as reflected on the Ninth Circuit docket.

20100924

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