Wilhelm v. Clark

Filing 14

ORDER DENYING 9 Motion for Certificate of Appealability; ORDER DENYING 10 Motion to Appoint Counsel signed by Magistrate Judge Gary S. Austin on 10/13/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). Pending before the Court Plaintiff's motions for the appointment of counsel and for a certificate of appealability. On March 23, 2009, this action was dismissed with prejudice for failure to state a claim upon which relief could be granted. On April 30, 2009, Plaintiff filed a motion for certificate of KEN CLARK, Defendant. vs. STEVEN HAIRL WILHELM, Plaintiff, 1: 08 CV 01211 YNP GSA (PC) ORDER RE MOTIONS (DOCS 9, 10) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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appealability and a motion for the appointment of counsel. On June 2, 2009, an order was entered by the Ninth Circuit, dismissing Plaintiff's appeal for lack of jurisdiction. This Court received the mandate on July 27, 2009. Plaintiff's motions are therefore moot. Accordingly, IT IS HEREBY ORDERED that Plaintiff's motions for the appointment of counsel and for a certificate of appealability are denied as moot.

IT IS SO ORDERED. Dated: 6i0kij

October 13, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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