(HC) Godfrey v. Warden PBSP

Good Law
United States District Court, Eastern District of CaliforniaJanuary 18, 20231:19-cv-01197California710 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA MICHAEL GODFREY, Case No. 1:19-cv-01197-JLT-HBK (HC) Petitioner, ORDER DIRECTING CLERK TO PROCESS

NOTICE OF APPEAL

v. (Doc. No. 46) WARDEN PBSP,

Respondent. 16 17 This matter comes before the Court upon sua sponte review of the file. Petitioner Joshua Michael Godfrey is a state prisoner who initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). On June 29, 2022, the undersigned entered Findings and Recommendations recommending that the Petition be denied and the Court decline to issue a certificate of appealability. (Doc. No. 44). On August 1, 2022, Petitioner filed a Notice of Appeal accompanied by a Motion to Proceed In Forma Pauperis. (Doc. Nos. 45, 46). Applying the mailbox rule given Petitioner’s incarcerated status, his Notice of Appeal and Motion to Proceed In Forma Pauperis were constructively filed on July 12, 2022, the date Petitioner signed the documents and…

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