Opinion
No. CIV S-03-2553-GEB-CMK-P.
August 30, 2006
ORDER
Petitioner, a state prisoner proceeding pro se, was proceeding in this court with petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Judgement denying petitioner's petition was entered on March 21, 2005. Petitioner filed a notice of appeal on May 18, 2005. Petitioner filed a supplemental notice of appeal and a request for a certificate of appealability ("COA") on August 29, 2005. Petitioner's request for a COA was denied by this court on December 7, 2005, and by the Ninth Circuit Court of Appeals on March 7, 2006.
Petitioner's requests were denied because his notice of appeal was not timely.
On September 26, 2005, petitioner filed a document entitled "Motion for Summary Judgment" (Doc. 49) and a document entitled "Motion for Relief From Judgment" (Doc. 50). On November 30, 2005, petitioner filed a document entitled "Request for Entry of Default" (Doc. 52) and a document entitled "Request for Case Status Report" (Doc. 53). Finally, on January 17, 2006, petitioner filed a document entitled "Notice of Reporter's Transcript" (Doc. 60), apparently seeking production at court expense of transcripts on appeal. Because all these documents were filed after judgement was entered and after petitioner filed a request for a COA, they will be disregarded and the Clerk of the Court will be directed to terminate these matters as motions pending on the court's docket.
Accordingly, IT IS HEREBY ORDERED that:
1. Docs. 49, 50, 52, 53, and 60 are all disregarded; and
2. The Clerk of the Court is directed to terminate these matters as motions pending on the court's docket.