(HC) Bouie v. Fox ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DIRK JAONG BOUIE, JR., 12 Petitioner, No. 2:17-cv-02044-TLN-AC 13 14 v. ORDER ROBERT FOX, 15 Respondent, 16 17 18 19 20 21 22 On September 12, 2018, the magistrate judge issued Findings and Recommendations 23 granting respondent’s motion to dismiss, (ECF No. 34), which this Court adopted on December 24 20, 2018 (ECF No. 40). Judgment was accordingly entered, and this case was closed. (ECF No. 25 41.) On January 4, 2019, Petitioner filed a Notice of Appeal requesting a certificate of 26 appealability, (ECF No. 42), which the Ninth Circuit denied on February 12, 2020, stating: “[t]he 27 request for a certificate of appealability is denied because appellant has not shown that ‘jurists of 28 1 || reason would find it debatable whether the petition states a valid claim of the denial of a 2 || constitutional right and that jurists would find it debatable whether the district court was correct 3 || in its procedural ruling.’” (ECF No. 49 (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000).) 4 Petitioner then filed a Motion for Relief from Judgement, (ECF No. 40), which this Court 5 || denied (ECF No. 55). On June 1, 2021, Petitioner filed a Notice of Appeal. (ECF No. 56.) On 6 || September 27, 2021, Petitioner filed a Motion for Certificate of Appealability, (ECF No. 65), and 7 | on December 8, 2021, the Ninth Circuit remanded this action to this Court for the limited purpose 8 || of granting or denying a Certificate of Appealability (ECF No. 67). 9 For the reasons set forth in the Ninth Circuit’s order in this action, (see ECF No. 49), 10 || Petitioner’s Motion for Certificate of Appealability (ECF No. 65) is DENIED. Accordingly, this 11 |} Court DENIES a Certificate of Appealability. (See ECF No. 67.) 12 IT IS SO ORDERED. 13 || DATED: February 4, 2022 14 { /) 15 “ fb 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28