Garcia v. Lopez

Filing 33

ORDER STRIKING 32 Motion for Review of Denial of Motion for Reconsideration, signed by District Judge Lawrence J. O'Neill on 10/6/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE RODRIGUEZ GARCIA,

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Plaintiff,
v.
RAUL LOPEZ, Warden,

Case No. 1:10-cv-01309 LJO DLB HC
ORDER STRIKING MOTION FOR REVIEW
OF DENIAL OF MOTION FOR
RECONSIDERATION
[ECF No. 32]

Defendant.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.
On January 10, 2011, the Court issued an order granting Respondent’s motion to dismiss and

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dismissing the petition with prejudice for lack of jurisdiction. Judgment was entered the same date.

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On February 7, 2011, Petitioner filed a notice of appeal, and the appeal was transferred to the Ninth

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Circuit Court of Appeals. On May 24, 2012, the Ninth Circuit denied the appeal.

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On July 15, 2015, Petitioner filed a motion for reconsideration. On July 16, 2015, the Court
denied the motion for reconsideration.
On September 14, 2015, Petitioner filed a motion for review of the Court’s order denying his

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motion for reconsideration. It is unclear why this motion was filed in this Court as Petitioner

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captioned the motion for the Ninth Circuit Court of Appeals, and Petitioner is seeking relief from the

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Ninth Circuit. This Court lacks jurisdiction to rule on Petitioner’s motion.
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Accordingly, IT IS HEREBY ORDERED that the motion for review of denial of motion for
reconsideration is STRICKEN.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

October 6, 2015

UNITED STATES DISTRICT JUDGE

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