Camacho v. McDonald

Filing 34

ORDER signed by Magistrate Judge Charlene H. Sorrentino on 10/06/11 ORDERING that petitioner's 32 Motion to waive CR31-1 and Permit Appellant to file Application for Certificate of Appealability and 33 Motion for Certificate of Appealability are DENIED. (Benson, A.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE GUADALUPE CAMACHO, 11 Petitioner, 12 vs. 13 No. CIV S-09-988 GEB CHS P M. MCDONALD, 14 Respondent. 15 16 ORDER / Camacho’s petition for writ of habeas corpus was denied and judgment entered on 17 May 27, 2011. In two motions filed on September 28, 2011, Camacho seeks a certificate of 18 appealability. Review of the record reveals that this court already ordered in the September 28, 19 20011 order that a certificate of appealability shall not issue in this case. It is further noted that 20 Camacho failed to file a timely notice of appeal in this case. Accordingly, the motions dated 21 September 28, 2011 are hereby DENIED. 22 DATED: October 6, 2011 23 24 CHARLENE H. SORRENTINO UNITED STATES MAGISTRATE JUDGE 25 26 1

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