Moss v. Mitchell

Full title: GREGORY A. MOSS, Petitioner, v. KELI MITCHELL, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 25, 2015

2:15-cv-0108 GGH P (E.D. Cal. Aug. 25, 2015)

Opinion

GREGORY A. MOSS, Petitioner, v. KELI MITCHELL, Respondent. No. 2:15-cv-0108 GGH P United States District Court, E.D. California. August 25, 2015

          ORDER

          GREGORY G. HOLLOWS, Magistrate Judge.

         Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

         Judgment was entered in this case on March 23, 2015. On August 19, 2015, petitioner filed a letter stating, "Would like to know my status report on the Ninth Circuit. I would like to know have you receive my papper work. I have never gotten a copies."¹ [Sic] (ECF No. 13.)

1 It should be noted that petitioner's filing was first sent to the Northern District of California and was forwarded to this district.

         Petitioner is informed that this court has no record of his having filed any documentation with this court since judgment was entered in March. This court does not speak for the Ninth Circuit Court of Appeals, however, and cannot state whether that court has received any filings from petitioner. Because petitioner's filing does not convey any intent to appeal, this court cannot construe the filing as a notice of appeal. Furthermore, the time for filing a notice of appeal has passed. See Fed. R. App. P. 4(a) (time limit for filing a notice of appeal following entry of judgment is thirty days).

         Accordingly, IT IS ORDERED that: petitioner's filing of August 19, 2015 (ECF No. 13) is disregarded.