Opinion
04-C-0017-C.
December 1, 2004
ORDER
On November 26, 2004, this court entered an order in which it construed a letter from petitioner James Gomez as a notice of appeal and request for a certificate of appealability. In the order, I assumed that petitioner sought to pursue on appeal all the claims he presented in his habeas petition. I granted petitioner leave to proceed in forma pauperis on appeal and denied his request for a certificate of appealability with respect to all of his claims except his claim that he was denied his Sixth Amendment right to selfrepresentation and protection against double jeopardy.
At the time I entered the order, I was unaware that petitioner had filed on that same date a notice of appeal and request for certificate of appealability. Having now reviewed those documents, I see no need to alter or amend the November 26, 2004, order. As I predicted, petitioner wants to appeal all the claims he presented in his habeas petition. The November 26, 2004, order explains the basis for my conclusion that petitioner is not entitled to a certificate of appealability on any claim except his claim and that he was denied his right to self-representation and protection against double jeopardy. Accordingly, the November 26, 2004 order stands as the court's ruling on petitioner's notice of appeal and request for certificate of appealability.