Trate

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK ANTHONY CLEARMAN, Case No. 1:22-cv-00444-HBK (HC) 12 Petitioner, ORDER DENYING CERTIFICATE OF

APPEALABILITY 1

13 v.

14 B.M. TRATE, 15 Respondent. 16 17 This matter comes before the Court upon sua sponte review of the file. Petitioner Mark 18 Anthony Clearman is a federal prisoner who initiated this action by filing a pro se petition for writ 19 of habeas corpus under 28 U.S.C. § 2241. (Doc. No. 1, “Petition”). On May 22, 2023, the 20 undersigned granted Respondent’s motion to dismiss the Petition, the Petition was dismissed for 21 lack of jurisdiction, and judgment was entered the same day. (Doc. No. 17-18). On June 12, 22 2023, Petitioner filed a Notice of Appeal. (Doc. No. 19). However, the Clerk of Court did not 23 process the Notice of Appeal because the Court’s order dismissing the case did not address 24 whether a certificate of appealability should be issued. (See docket). 25 Having already determined that petitioner is not entitled to habeas relief, the…