Yu v. Swarthout

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/18/12 granting 22 Motion to Dismiss. The clerk is directed to close the case. The court declines to issue a certificate of appealability. CASE CLOSED (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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MELVIN YU

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Petitioner,

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No. 2:11-cv-0110 JAM CKD

vs.
GARY SWARTHOUT

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Respondent.

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ORDER
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Petitioner, a state prisoner, filed an application for writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. On October 8, 2012, respondent filed a motion to dismiss that, if granted,

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would be dispositive as to all of petitioner’s claims. In response to the court’s order of

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November 28, 2012, petitioner, through counsel, expresses no opposition to respondent’s motion

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to dismiss.

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In accordance with the above, IT IS HEREBY ORDERED THAT:

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Respondent’s motion to dismiss (Dkt. No. 22) is GRANTED;

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The clerk is directed to close this case; and

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3.

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The court declines to issue a certificate of appealability as referenced in 28
U.S.C. § 2253.

Dated: December 18, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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yu0110.F&R

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