Bocanegra

Bocanegra v. Ayers

Good Law
66 F. App'x 110
United States Court of Appeals for the Ninth CircuitApril 29, 2003No. 02-15976California1,209 words

Opinion

Lead Opinion

MEMORANDUM *

Paul Bocanegra was convicted of first-degree murder with the special circumstance of lying in wait after a fellow passenger in the car in which he was riding shot and Mlled another young man. After exhausting his state court remedies he filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 . The district court entered judgment for the state. We have jurisdiction under 28 U.S.C. § 2253 and we affirm.

As a threshold matter, we deny Boeanegra’s request that we broaden the certificate of appealability (“COA”) to include claims for which the district court refused to grant a COA. Ninth Circuit Rule 22- *111 1(d) governs a petitioner’s recourse when a district court denies a certificate of appeal-ability in part: “Petitioners desiring broader certification must file, in the court of appeals, a separate motion for broader certification ... within 35 days of the district court’s entry of its order denying a certificate of appealability.” Circuit Rule 22-l(d); see also United States v. Christakis, 238 F.3d 1164 , 1168 n. 5 (9th Cir. 2001). Bocanegra’s attorney did not file a separate motion and did not comply with the time limit set forth in the rule. He cannot…

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