Opinion
ORDER
CAROLYN K. DELANEY, Magistrate Judge.
Petitioner, a state prisoner proceeding pro se, has appealed the June 24, 2015 dismissal of his petition for untimeliness. As the order of dismissal did not address whether a certificate of appealability should issue, the court does so here.
Petitioner has consented to this court's jurisdiction to conduct all proceedings in this action. (ECF No. 6.)
A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Where the petition was dismissed on procedural grounds, a certificate of appealability "should issue if the prisoner can show: (1) that jurists of reason would find it debatable whether the district court was correct in its procedural ruling'; and (2) that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right.'" Morris v. Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
After review of the record herein, this court finds that petitioner has not satisfied the requirement for issuance of a certificate of appealability in this case. Accordingly, a certificate of appealability will not issue in this action.
After the judgment of dismissal was entered on June 24, 2015, petitioner filed two motions. (ECF No. 16 & 18.) As this case is closed, the Clerk of Court will be directed to disregard these motions, and no orders will issue in response to future filings.
Accordingly, IT IS HEREBY ORDERED that:
1. The court declines to issue a certificate of appealability pursuant to 28 U.S.C. § 2253; and
2. The Clerk of Court is directed to disregard petitioner's motions at ECF Nos. 16 & 18, as this action was closed on June 24, 2015.