Crocker v. Harrington

Filing 47

ORDER DENYING 46 Motion signed by Magistrate Judge Sandra M. Snyder on 4/12/2010. (Bradley, A)

1 2 3 4 5 6 7 8 DAVID WAYNE CROCKER, 9 10 11 12 13 14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 15 pursuant to 28 U.S.C. § 2254. 16 On February 23, 2010, the District Court issued an order that adopted the Findings and 17 Recommendation in full, granted Respondent's motion to dismiss, dismissed the petition, and 18 directed the Clerk of Court to enter judgment. On that same date, judgment was entered and the case 19 was terminated. Petitioner then filed a notice of appeal and the appeal was processed to the Ninth 20 Circuit Court of Appeals. 21 On March 31, 2010, Petitioner filed a motion in this Court which requested the Court to take 22 judicial notice of a proof of service. Petitioner is advised that this case is closed and the appeal is 23 now pending in the Ninth Circuit. Therefore, Petitioner must seek relief in the appellate court. 24 Accordingly, Petitioner's motion is DENIED. 25 IT IS SO ORDERED. 26 27 28
U . S . D is t r ic t C o u r t E. D . C a lifo r n ia

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) K. HARRINGTON, ) ) Respondent. ) ____________________________________) 1:09-CV-00970 LJO SMS HC ORDER DENYING MOTION [Doc. #46]

Dated: icido3

April 12, 2010

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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