Opinion
Case No. 2:04-cr-0476-RLH-LRL.
October 11, 2011
ORDER (Motion for Certificate of Appealability-#118)
Before the Court is a document entitled "Certificate of Appealability" (#118, filed September 28, 2011) which has been docketed as a Motion for a Certificate of Appealability. That characterization is incorrect. Defendant is requesting permission to file a second § 2255 motion. He has directed the document to the Court of Appeals and, in fact, the Court of Appeals is the only court that can give permission to file a second § 2255 motion. Accordingly, this Court will deny the document to the extent it is considered a Motion for Certificate of Appealability, without prejudice to Defendant Wilder to seek permission from the Ninth Circuit Court of Appeals.
IT IS SO ORDERED.