Tilbury v. Fox

Northern District of California, cand-4:2015-cv-01266

ORDER by Judge Haywood S. Gilliam, Jr. DENYING {{22}} APPLICATION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL.

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 DANIEL L. TILBURY, Case No. 15-cv-01266-HSG (PR) Northern District of California United States District Court Petitioner, 13 ORDER DENYING APPLICATION FOR v. EXTENSION OF TIME TO FILE 14 NOTICE OF APPEAL 15 ROBERT W. FOX, Warden, Re: Dkt. No. 22 Respondent. 16 17 18 On August 1, 2016, the Court denied on the merits petitioner's application for a writ of 19 habeas corpus and entered judgment. On August 24, 2016, petitioner filed an application for an 20 extension of time to file a notice of appeal. 21 A petitioner may not appeal a final order in a federal habeas corpus proceeding without 22 first obtaining a certificate of appealability. See 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). A 23 judge shall grant a certificate of appealability "only if the applicant has made a substantial 24 showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The certificate must 25 indicate which issues satisfy this standard. See id. § 2253(c)(3). 26 For the reasons stated at pages 39-40 of the Court's August 1, 2016 order, a certificate of 27 appealability was denied. Accordingly, petitioner's request for an extension of time to file a 28 notice of appeal is DENIED as moot. 1 The Clerk shall forward this order to the United States Court of Appeals for the Ninth 2 Circuit, from which petitioner may also seek a certificate of appealability. See United States v. 3 Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). 4 This order terminates Docket No. 22 5 IT IS SO ORDERED. 6 Dated: 9/20/2016 7 8 HAYWOOD S. GILLIAM, JR. 9 United States District Judge 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2