Sandlain v. Maruka, No. 1:2020cv00358 - Document 51 (S.D.W. Va. 2022)

Court Description: MEMORANDUM OPINION AND ORDER directing the Clerk to terminate the 46 Notice of Appeal Dismissing Rule 59(e) Motion/Requesting Certificate of Appealability insofar as it indicates further action from this court is needed. Signed by Senior Judge David A. Faber on 7/11/2022. (cc: counsel of record and any unrepresented parties) (arb)

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Sandlain v. Maruka Doc. 51 Case 1:20-cv-00358 Document 51 Filed 07/11/22 Page 1 of 1 PageID #: 310 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD BLAKE SANDLAIN, Petitioner, v. CIVIL ACTION NO. 1:20-00358 WARDEN C. MARUKA, FCI McDowell Respondent. MEMORANDUM OPINION AND ORDER On February 28, 2022, Sandlain filed a “Notice of Appeal Dismissing Rule 59(e) Motion/Requesting Certificate of Appealability”. See ECF No. 46. The Clerk’s Office has docketed the request for a certificate of appealability as a pending motion before the district court. However, this court has already denied a certificate of appealability. 40. Furthermore, this case is on appeal. See ECF No. Accordingly, the Clerk is directed to terminate ECF No. 46 insofar as it indicates further action from this court is needed. The Clerk is directed to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented parties. IT IS SO ORDERED this 11th day of July, 2022. ENTER: David A. Faber Senior United States District Judge Dockets.Justia.com

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