Unknown

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS,

12 Petitioner, No. 2:21-cv-02023-TLN-CKD

13 14 v. ORDER

UNKNOWN,

15 Respondent, 16

17 18 19 Petitioner, proceeding pro se, filed an application for writ of habeas corpus under 28 20 U.S.C. § 2254, which was dismissed July 11, 2022. (ECF No. 9.) Judgment was entered that 21 day. (ECF No. 10.) On August 24, 2022, Petitioner filed a notice of appeal. (ECF No. 11.) 22 Pursuant to 28 U.S.C. § 2107(a), a notice of appeal must be filed within 30 days of the entry of 23 judgment. Petitioner’s notice of appeal was untimely. 24 On August 25, 2022, the United States Court of Appeals for the Ninth Circuit issued an 25 order to show cause as to why Petitioner’s request for a certificate of appealability should not be 26 dismissed for lack of jurisdiction. (ECF No. 17 at 1.) On September 7, 2022, Petitioner 27 subsequently filed a motion for extension of time to file a notice of appeal. (ECF No. 15.) In his 28 1 | motion, Petitioner alleged he did not receive the…