Magana-Torres v Harrington

Filing 41

ORDER signed by Magistrate Judge Dennis M. Cota on 02/14/19 DENYING 34 Motion to Proceed IFP. (cc: USCA, 9th circuit) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE HUMBERTO MAGANA-TORRES,

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Petitioner,

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No. 2:10-CV-2669-WBS-DMC-P

v.

ORDER

KELLY HARRINGTON,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on July 6, 2012 (Doc.

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32) and petitioner’s appeal from that judgment has been dismissed by the Ninth Circuit Court of

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Appeals for lack of jurisdiction (Doc. 37) because petitioner raised issues not encompassed by the

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district court’s certificate of appealability and the appellate court declined to expand the

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certificate of appealability to encompass the issues raised by petitioner.

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Pending before the court is petitioner’s motion (Doc. 34) for leave to proceed in forma pauperis

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on appeal. The motion is denied as unnecessary because plaintiff’s appeal has been resolved.

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IT IS SO ORDERED.

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Dated: February 14, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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