Polk v. Baker

District Court, D. Nevada

Polk v. Baker

Trial Court Opinion

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 kee 5 RENARD T. POLK, Case No. 3:17-cv-00026-LRH 6 Petitioner, ; V. ORDER

8 RENEE BAKER, et al., 9 Respondents. 10 11 On August 18, 2020, this court entered an order denying petitioner's motion for 12 || leave to file a first amended petition for writ of habeas corpus. ECF No. 25. On 13 || September 4, 2020, petitioner filed a notice of appeal with respect to that order. ECF 14 || No. 26. 15 When petitioner filed his motion, final judgment had been entered and this case 16 || had not been reopened by way of a post-judgment motion or a remand from the court of 17 || appeals. Reasonable jurists would not find the denial of petitioner's motion debatable or 18 || wrong. See Lindauer v. Rogers,

91 F.3d 1355, 1357

(9th Cir. 1996). Thus, this court 19 || declines to grant a certificate of appealability. See Slack v. McDaniel,

529 U.S. 473

, 20 || 483-84 (2000). 21 IT |S THEREFORE ORDERED that a certificate of appealability is DENIED. 22 IT |S FURTHER ORDERED that the Clerk shall send a copy of this order to the 23 || U.S. Court of Appeals for the Ninth Circuit, attention case number 20-16784. 24 DATED this 24th day of September, 2020. 25 26 LAR . HICKS 27 UNITED STATES DISTRICT JUDGE 28

Reference

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