Opinion
1:23-cv-00243-JLT-SKO (HC)
10-27-2023
CARLOS MARTINEZ, Petitioner, v. KATHLEEN ALLISON, Secretary, Respondent.
ORDER CONSTRUING MOTION FOR CERTIFICATE OF APPEALABILITY AS NOTICE OF APPEAL
(DOC. 19)
Petitioner Carlos Martinez is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 27, 2023, the Court issued an order dismissing the petition and declining to issue a certificate of appealability. (Doc. 17.) On October 23, 2023, Petitioner filed a motion for certificate of appealability. (Doc. 19.) Given that the Court has already declined to issue a certificate of appealability and it is clear Petitioner seeks to appeal the order of dismissal, the Court hereby CONSTRUES Petitioner's motion as a notice of appeal. The Clerk of Court is DIRECTED to process the appeal to the Ninth Circuit Court of Appeals.
IT IS SO ORDERED.