Trate

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK ANTHONY CLEARMAN, Case No. 1:22-cv-00444-HBK (HC) Petitioner, ORDER DENYING CERTIFICATE OF

APPEALABILITY

v.

B.M. TRATE, Respondent. 16 This matter comes before the Court upon sua sponte review of the file. Petitioner Mark Anthony Clearman is a federal prisoner who initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1, “Petition”). On May 22, 2023, the undersigned granted Respondent’s motion to dismiss the Petition, the Petition was dismissed for lack of jurisdiction, and judgment was entered the same day. (Doc. No. 17-18). On June 12, 2023, Petitioner filed a Notice of Appeal. (Doc. No. 19). However, the Clerk of Court did not process the Notice of Appeal because the Court’s order dismissing the case did not address whether a certificate of appealability should be issued. (See docket). Having already determined that petitioner is not entitled to habeas relief, the…