Crosby v. Schwartz

Filing 72

ORDER signed by Magistrate Judge Kendall J. Newman on 12/1/2010 ORDERING that ptnr's 70 motion for COA is construed as a notice of appeal, the clerk shall process ptnr's appeal; and ptnr's 71 motion for appointment of counsel is DISREGARDED. (Yin, K)

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(HC) Crosby v. Schwartz Doc. 72 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 vs. T. SCHWARTZ, et al., Respondents. / On November 1, 2010, the Honorable Garland E. Burrell denied petitioner's application for a writ of habeas corpus and issued a certificate of appealability. On November 17, 2010, petitioner filed an application for a certificate of appealability which the court construes as a notice of appeal. On November 17, 2010, petitioner filed a motion for appointment of counsel. Because this action is now on appeal, this motion should be addressed to the Ninth Circuit Court of Appeals. Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's motion for certificate of appealability (Dkt. No. 70) is construed as a notice of appeal; the Clerk of the Court shall process petitioner's appeal; //// //// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA COURTNEY CROSBY, Petitioner, No. 2: 05-cv-0447 GEB KJN P ORDER 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 cro447.app 2. Petitioner's motion for appointment of counsel (Dkt. No. 71) is disregarded. DATED: December 1, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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