Free Order on Motion for Extension of Time - District Court of Connecticut - Connecticut

Case 3:03-cv—00O62—RNC Document 14 Filed 10/23/2003 PB§éJI'%{ 21 W4
UNITED STATES DISTRICT comm? I1"? II"?) I
DISTRICT OF CONNECTICUT ‘·‘ `C‘‘ i
LUIS FERNANDEZI 2 EUS} {QM 23 im Z%= li I
Petitioner, E I
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v. :
HECTOR RODRIGUEZ,
Respondent. i I
RULING AND ORDER
Petitioner, a Connecticut inmate serving a term of I
imprisonment for narcotics violations, has moved for an extension _
of time in connection with his desire to take an appeal from this I
court's ruling and order of September 18, 2003, denying his
motion for a certificate of appealability (COA). The motion is
denied.
Petitioner brought this action seeking a writ of habeas
corpus. The action was dismissed because petitioner has failed I
to exhaust state remedies. His request for a COA was denied
because failure to exhaust state remedies plainly bars a state I
inmate from seeking habeas relief in federal court.
Petitioner now wants to appeal the denial of his request for
a COA directly to the Supreme Court of the United States. He
cannot do so because such an appeal is not authorized by law. §gg
Sup. Ct. Rule 18(l).
Petitioner should seek habeas relief in state court rather
than engage in futile attempts to obtain federal habeas relief I
without first exhausting state habeas remedies. That said, if
petitioner thinks he has a valid basis for appealing the I
N


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_ _ Case 3:03-cv—OOO62—RNC D0cument14 Fi|ed10/23/2003 Page20f2
dismissal of this action, he must seek a certificate of !
appealability from the Court of Appeals pursuant to Rule 22(b)(1)
of the Federal Rules of Appellate Procedure. i
Accordingly, the motion for extension of time is hereby
denied. i
So ordered. I
Dated at Hartford, Connecticut, this 23rd day of October I
2002. E
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Robert N Chatig y
United States District Judge \
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