Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER KELLY WELLS, No. 2:16-cv-2807 WBS AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOE A. LIZARRAGA, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a motion requesting that the court correct the filing date of his notice of appeal or grant relief from potential default. ECF No. 43. I. Procedural History The habeas petition was denied and judgment was entered in this case on April 22, 2022. ECF Nos. 37, 38. On July 19, 2022, the court received petitioner’s application for a certificate of appealability, which was dated July 9, 2022, and was construed as a notice of appeal. ECF No. 39. Petitioner then filed a motion requesting that the court find his notice of appeal was timely. ECF No. 43. The motion avers that petitioner followed proper prison legal mail procedures and submitted a notice of appeal for mailing on either May 12 or 13, 2022. ECF No. 43 at 2, 4. Attached as an…