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Tyrell Travis Brown v. Ken Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 3, 2011

TYRELL TRAVIS BROWN,
PETITIONER,
v.
KEN CLARK, RESPONDENT.

The opinion of the court was delivered by: J. Clifford Wallace United States Circuit Judge

ORDER

/

An appeal "from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk." Fed. R. App. P. 3(a)(1). The notice of appeal "must be filed with the district clerk within 30 days after the judgment or order appealed from is entered." Fed. R. App. P. 4(a)(1)(A). "District courts may not construe an untimely notice of appeal as a motion for extension of time. Pettibone v. Cupp, 666 F.2d 333, 335 (9th Cir. 1981). "The procedures set forth in rule 4 are strictly construed; there is no exception for prisoners proceeding pro se or for habeas corpus actions." Malone v. Avenenti, 850 F.2d 569, 572 (9th Cir. 1988). Because Brown has not filed his notice of appeal within 30 days of the August 11, 2010 order denying his petition for a writ of habeas corpus, it is ordered that Brown's motion for a certificate of appealability is denied.

20110203

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