Ochoa v. On Habeas Corpus

Filing 12

ORDER DENYING AS MOOT Petitioner's 10 Motion to Appoint Counsel signed by Magistrate Judge Stanley A. Boone on 10/26/2016. (Sant Agata, S)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8

ARTHUR OCHOA,
Petitioner,

9

ORDER DENYING AS MOOT
PETITIONER’S MOTION TO APPOINT
COUNSEL

v.

10
11

Case No. 1:16-cv-00575-DAD-SAB-HC

FEDERAL DISTRICT COURTS,

(ECF No. 10)

Respondent.

12
13

Petitioner is a state prisoner who proceeded pro se in a habeas corpus action pursuant to

14

15 28 U.S.C. § 2254. On September 14, 2016, the Court dismissed the petition as untimely and
16 unexhausted and declined to issue a certificate of appealability. (ECF No. 8). That same day,
17 judgment was entered and the case was closed. (ECF No. 9).
On October 24, 2016, Petitioner filed the instant motion to appoint counsel. (ECF No.

18

19 10). As the Court had already dismissed the petition and closed the action before Petitioner filed
20 his motion to appoint counsel, the motion is moot.
Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion to appoint counsel is

21

22 DENIED AS MOOT.
23
24

IT IS SO ORDERED.

25 Dated:

October 26, 2016
UNITED STATES MAGISTRATE JUDGE

26
27
28

1