Magana-Torres v Harrington

Filing 49

ORDER signed by Senior Judge William B. Shubb on 04/05/19 DECLINING to issue COA (cc: USCA). (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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JOSE HUMBERTO MAGANA-TORRES,
Petitioner,

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No. 2:10-cv-2669 WBS DMC
Ninth Circuit Case No. 1915551

v.

ORDER RE: CERTIFICATE OF
APPEALABILITY

KELLY HARRINGTON,
Respondent.

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----oo0oo----

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Before the court is the April 2, 2019 order of the

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Ninth Circuit Appellate Commissioner remanding defendant’s appeal

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of this court’s denial of defendant’s motion for relief from

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judgment under Federal Rule of Civil Procedure 60(b).

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No. 48.)

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“for the limited purpose of granting or denying a certificate of

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appealability.”

(Docket

The order remanded defendant’s appeal to this court

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For the reasons stated in the court’s March 4, 2019

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order denying the motion for relief from judgment (Docket No.

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42), the court declines to issue a certificate of appealability.
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The Clerk of Court for the Eastern District of California shall

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forward this order to the U.S. Court of Appeals for the Ninth

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Circuit.

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IT IS SO ORDERED.
Dated:

April 5, 2019

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