Darnell v. Sherman

Filing 18

ORDER Disregarding 14 Motion as Moot signed by Magistrate Judge Jennifer L. Thurston on 02/07/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEE DARNELL, 12 Petitioner, 13 ORDER DISREGARDING MOTION AS MOOT v. 14 Case No.: 1:16-cv-00396-AWI-JLT (HC) STU SHERMAN, (Doc. 14) 15 Respondent. 16 17 On June 1, 2016, the Court dismissed the petition for writ of habeas corpus. The Court 18 also declined to issue a certificate of appealability. Petitioner filed a notice of appeal on June 17, 19 2016, and the appeal was processed to the Ninth Circuit Court of Appeals. On June 17, 2016, 20 Petitioner also filed a motion to appoint counsel in this Court. On January 10, 2017, however, the 21 Ninth Circuit denied Petitioner’s request for certificate of appealability. Thus, Petitioner’s 22 motion for counsel is MOOT and is hereby DISREGARDED. 23 24 25 IT IS SO ORDERED. Dated: February 7, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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