Opinion
Civ. 19-3701 (GC)
01-06-2023
IBN EL AMIN PASHA, Petitioner, v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, et al., Respondents,
NOT FOR PUBLICATIONS
MEMORANDUM & ORDER
GEORGETTE CASTNER, UNITED STATES DISTRICT JUDGE
Petitioner, Ibn El Amin Pasha (“Petitioner” or “Pasha”), is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On November 7,2022, this Court denied Petitioner's habeas petition in its entirety, denied a certificate of appealability and marked this case as closed. (See ECF 40 & 41). On November 30, 2022, Petitioner filed a notice of appeal. (See ECF 44).
Petitioner filed his notice of appeal initially with the United States Court of Appeals for the Third Circuit, (See ECF 42). The Third Circuit then forwarded Petitioner's notice to this Court on December 8, 2022 with instructions to docket Petitioner's notice of appeal as of November 30, 2022. (See ECF 42-1).
On January 3,2023, Petitioner filed a Motion for an extension of time to file an application for a certificate of appealability. (See ECF 43). In order to rule on Petitioner's Motion, the Clerk will be ordered to reopen this case.
Petitioner's Motion for an extension of time to file an application for a certificate of appealability in this Court is denied. Indeed, this Court has already decided that a certificate of appealability shall not issue in this case such that no additional time for Petitioner to seek a certificate of appealability in this Court is warranted. (See ECF 40 at 45). Petitioner is of course free to seek an extension of time to file an application for a certificate of appealability with the United States Court of Appeals for the Third Circuit.
Accordingly, IT IS on this □ day of January, 2023, ORDERED that the Clerk shall reopen this case so that Petitioner's motion for an extension of time to file an application for a certificate of appealability (ECF 43) can be decided; and it is further
ORDERED that Petitioner's motion for an extension of time to file an application for a certificate of appealability (ECF 43) in this Court is denied; Petitioner is free to seek an extension of time to file such an application with the United States Court of Appeals for the Third Circuit; and it is further
ORDERED that the Clerk shall serve this Memorandum and Order on Petitioner by regular U.S. mail; and it is further
ORDERED that the Clerk shall re-close this case.