Stone v Martel, et al.,

Filing 43

ORDER signed by District Judge Kimberly J. Mueller on 6/6/2011. Upon 32 reconsideration, the Magistrate Judge's 12 Order is AFFIRMED. (Marciel, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 AARON P. STONE, Petitioner, 10 vs. 11 12 No. CIV S-10-3454 KJM GGH P M. MARTEL, et al., Respondents. 13 ORDER / 14 15 Petitioner is a state prisoner proceeding pro se with an application for a writ of 16 habeas corpus pursuant to 28 U.S.C. § 2254. On April 28, 2011, petitioner filed a request for 17 reconsideration of the magistrate judge’s order filed January 31, 2011, denying without prejudice 18 plaintiff’s motion to appoint counsel. Pursuant to E.D. Local Rule 303(f), a magistrate judge’s 19 orders shall be upheld unless “clearly erroneous or contrary to law.” Upon review of the entire 20 file, the court finds that it does not appear that the magistrate judge’s ruling was clearly 21 erroneous or contrary to law. Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of 22 23 the magistrate judge filed January 31, 2011, is affirmed. 24 DATED: June 6, 2011. 25 GGH:014 26 ston3454.850 UNITED STATES DISTRICT JUDGE

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