Koenig

(HC) Andrews v. Koenig

Good Law
United States District Court, Eastern District of CaliforniaSeptember 12, 20221:21-cv-00168California505 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID ANDREWS, Case No. 1:21-cv-00168-DAD-EPG-HC

Petitioner, ORDER DENYING PETITIONER’S

REQUEST FOR THE CLERK’S RECORD

v. (ECF No. 49) C. KOENIG, Respondent.

15 Petitioner David Andrews is a state prisoner who proceeded pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On August 1, 2022, the Court granted Respondent’s motion to dismiss, dismissed the petition for writ of habeas corpus, and declined to issue a certificate of appealability. (ECF No. 42.) On August 26, 2022, Petitioner filed a notice of appeal. (ECF No. 46.) On August 26, 2022, the Court received the instant written request for the clerk’s record. (ECF No. 49.) In support of the motion, Petitioner cites to Ninth Circuit Rule 30-3, which provides: In cases involving appeals by prisoners not represented by counsel, the clerk of the district court shall, within 21 days from the receipt of the prisoner’s written request, forward to the prisoner…

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