Opinion
2:21-cv-1982 DJC AC P
06-02-2023
DORN ALLEN FREEMAN, Petitioner, v. HILL, WARDEN, Respondent.
ORDER
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE.
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Dispositive findings and recommendations are pending before the district judge. ECF No. 21.
Petitioner has filed a motion for a certificate of appealability as well as a motion to supplement the motion for a certificate of appealability. ECF Nos. 26, 27. Because the findings and recommendations currently before the district judge address the question of whether a certificate of appealability should issue (see ECF No. 21 at 6), and because no final dispositive order has been issued in this case (see 28 U.S.C. 2253(c)(1)(A)) (final order requirement), the motions are improperly filed and will be disregarded. Should the district judge adopt the recommended disposition, he will also rule on the matter of a certificate of appealability.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's motion for a certificate of appealability (ECF No. 26) is DISREGARDED as prematurely filed, and
2. Petitioner's motion to supplement his motion for a certificate of appealability (ECF No. 27) is DISREGARDED as prematurely filed.