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17-177 - Kehano v. Harrington et al


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17-177 - Kehano v. Harrington et al
April 28, 2017
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DISMISSAL ORDER AND DENIAL OF CERTIFICATE OF APPEALABILITY. Signed by JUDGE LESLIE E. KOBAYASHI on 04/28/2017. -- To the extent Kehano's Petition was "mistakenly submitted" to this court, the Clerk is DIRECTED to refer the Petition to the Ninth Circuit Court of Appeals. See Ninth Cir. Rule 22-3 ("If a second or successive petition or motion, or an application for authorization to file such a petition or motion, is mistakenly submitted to the district court, the district court shall refer it to the court of appeals."). The Clerk shall send a copy of the Petition and this Order to the Clerk of the U.S. Court of Appeals for the Ninth Circuit. The Clerk shall also provide Kehano with the form recommended by the Ninth Circuit for filing an To the extent Kehano's Petition was "mistakenly submitted" to this court, the Clerk is DIRECTED to refer the Petition to the Ninth Circuit Court of Appeals. See Ninth Cir. Rule 22-3 (If a second or successive petition or motion, or an application for authorization to file such a petition or motion, is mistakenly submitted to the district court, the district court shall refer it to the court of appeals.). The Clerk shall send a copy of the Petition and this Order to the Clerk of the U.S. Court of Appeals for the Ninth Circuit. The Clerk shall also provide Kehano with the form recommended by the Ninth Circuit for filing an Application for Leave to File Second or Successive Petition Under 28 U.S.C. § 2254 - - To the extent the pleading is intended as a civil complaint it is DISMISSED without prejudice for Kehano's failure to concurrently pay the civil filing fee when he commenced this action. See 28 U.S.C. § 1915(g). The Clerk shall enter judgment and close the file. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on May 1, 2017