Cisneros v. Robertson

Opinion

1 2 3 6 7 MIGUEL A. CISNEROS, Case No. 20-cv-07861-HSG 8 Petitioner, ORDER DENYING REQUEST FOR 9 y CERTIFICATE OF APPEALABILITY Re: Dkt. No. 49 11 Respondent. a 12

13 On February 9, 2022, the Court dismissed this petition for a writ of habeas corpus as

v 14 || procedurally defaulted, denied a certificate of appealability, and granted judgment in favor of

15 Respondent.'! Dkt. Nos. 32, 33. Now pending before the Court is Petitioner’s request for a Q 16 || certificate of appealability. Dkt. No. 49. Petitioner’s request for a certificate of appealability is

= 17 || DENIED for the reasons set forth in the Court’s February 9, 2022 order (Dkt. No. 32). Petitioner

18 may submit a request for a certificate of appealability directly to the Ninth Circuit Court of 19 Appeals. Fed. R. App. P. 22(b)(1). 20 This order terminates Dkt. No. 49. 22 Dated: 6/14/2022 23 _ Abpupwrel 5 Mbt). HAYWOOD S. GILLIAM, JR. 24 United States District Judge 25 26 ' The Clerk of the Court is directed to substitute Warden Trent Allen in place of the previously named respondent because Warden Allen is Petitioner’s current custodian. See Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894 (9th Cir.), as amended (May 8, 1996) (rules governing relief under 28 27 . . □ U.S.C. § 2254 require person in custody pursuant to judgment of state court to name state officer 2g || having custody of him as respondent); Stanley v. Cal. Sup. Ct., 21 F.3d 359, 360 (9th Cir. 1994) (respondent in habeas petition typically is warden of facility in which petitioner is incarcerated).