Smith v. State of California et al

Filing 127

ORDER signed by Judge Garland E. Burrell, Jr. on 07/14/11 ORDERING that the 125 Motion for Certificate of Appealability is DENIED (cc: USCA). (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LENOIR SMITH,

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Plaintiff,

No. 2:05-cv-1257 GEB KJN (TEMP) P

vs.
STATE OF CALIFORNIA, et al.,

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Defendants.

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ORDER
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Plaintiff has filed a document the court construes as a request for an order

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certifying the court’s June 7, 2011, order granting defendant’s motion for summary judgment for

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appeal. Because plaintiff has not made the showing described in 28 U.S.C. § 1292(b), his June

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17, 2011, request is denied.

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Dated: July 14, 2011

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GARLAND E. BURRELL, JR.
United States District Judge