Perry v. Janda et al
| Tylerre C. Perry |
| G. J. Janda and Kamala D. Harris |
| 3:2012cv02512 |
| October 15, 2012 |
| US District Court for the Southern District of California |
| San Diego Office |
| Imperial |
| Jan M. Adler |
| Larry Alan Burns |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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The following documents for this case are available for you to view or download:
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Filing
35
ORDER denying 31 and 33 Motions for Reconsideration and denying 32 Motion for Leave to Proceed in forma pauperis on Appeal. On September 11, Petitioner filed a notice of appeal, as well as a motion for issuance of a certificate of appealabil ity, a motion for leave to proceed in forma pauperis on appeal, and a motion for clarification of the Court's order. The Court construes the motion for a certificate of appealability as a motion for reconsideration of the denial of certificate o f appealability, and the motion to clarify the Court's denial of habeas as a motion to reconsider pursuant to Fed. R. Civ. P. 60. There is no basis for reconsideration of the denial of a certificate of appealability, and the motion is therefore DENIED. The Rule 60 motion is therefore DENIED. The motion to proceed in forma pauperis on appeal fails to attach a prison trust account statement, and as such is defective. But Perry was already granted leave to proceed in forma pauperis, and his in forma pauperis status has not been revoked, so his request is moot. The motion is DENIED. Signed by Judge Larry Alan Burns on 9/17/2014. (USCA Case Number 14-56510. Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr)
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Filing
28
ORDER Overruling Objections to Report and Recommendation; and Order denying Petition for Writ of Habeas Corpus. Certificate of Appealability denied. Signed by Judge Larry Alan Burns on 8/15/14.(All non-registered users served via U.S. Mail Service)(cge)
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Filing
21
ORDER denying 16 Motion to Appoint Counsel, denying 17 Motion for Discovery, denying 18 Motion to Expand the Record, denying 19 Motion for Evidentiary Hearing, and requiring new Report and Recommendation. Perry's objections to the original Report and Recommendation are overruled as moot. Signed by Judge Larry Alan Burns on 1/8/14. (All non-registered users served via U.S. Mail Service)(kaj)
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