Opinion
No. C 07-00264 JF(PR).
October 20, 2011
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE A NOTICE OF APPEAL (Docket No. 34)
This is a habeas case under 28 U.S.C. § 2254 filed pro se by a state prisoner. The Court denied the petition for a writ of habeas corpus on the merits, and entered judgment on August 31, 2011. (See Docket Nos. 32 33.) On October 11, 2011, Petitioner filed a motion "for late filing for extension of time to file notice of appeal." (Docket No. 34.) Good cause appearing, Petitioner's motion is GRANTED such that his notice of appeal filed on the same day, (Docket No. 35), is deemed timely filed.
The Clerk shall transmit the file, including a copy of this order, to the Court of Appeals. See Fed.R.App.P. 22(b); United States v. Asrar, 116 F.3d 1268, 1270 (9th Cir. 1997). Petitioner may ask the Court of Appeals to issue a certificate of appealaiblity, see R.App.P. 22(b)(1), or if he does not, the notice of appeal will be construed as such a request, see R.App.P. 22(b)(2).
This order terminates Docket No. 34.