Nguon v. Dickinson

Filing 10

ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/22/10 ORDERING that because petitioner's action did not challenge detention arising out of process issued by a state court, a certificate of appealability is not required to appeal. Therefore, petitioner's request is denied. (Becknal, R)

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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 1 nguo0055.coa IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HUNG DUONG NGUON, Petitioner, vs. KATHLEEN L. DICKINSON, Respondent. / Petitioner requests a certificate of appealability pursuant to 28 U.S.C. § 2253 concerning the February 12, 2010 dismissal of this action. Because petitioner's action did not challenge detention arising out of process issued by a state court, a certificate of appealability is not required to appeal. See 28 U.S.C. § 2253(c). Therefore, petitioner's request is denied. DATED: April 22, 2010. ORDER No. CIV-S-10-0055 KJM P

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