Polk v. Baker
This text of Polk v. Baker (Polk v. Baker) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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