Cisneros

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 JAMIE G. TAPIA, Case No.: 22cv283-LL-NLS

Petitioner,

ORDER DENYING MOTION FOR

v.

RELIEF FROM JUDGMENT AND

T. CISNEROS, Warden, DENYING A CERTIFICATE OF Respondent. APPEALABILITY 16 17 Presently before the Court is a Motion for Relief from Judgment by Petitioner Jamie G. Tapia, a state prisoner proceeding pro se, constructively filed on April 15, 2024.1 ECF No. 19. Petitioner seeks relief from this Court’s May 19, 2023, judgment denying his First Amended Petition for a Writ of Habeas Corpus brought pursuant to 28 U.S.C. § 2254 and issuing a limited Certificate of Appealability. ECF No. 18. Petitioner requests the Court reopen the judgment to allow him to file a Notice of Appeal and a request for a Certificate of Appealability. ECF No. 19 at 1-10. 25 26 1 Petitioner is entitled to the benefit of the “mailbox rule” which provides for constructive filing of court documents as of the date they are submitted to the prison authorities for 28 I. …