Dupree, Jr. v Scott

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/11 ORDERING that the court DECLINES to issue the certificate of appealability.(Dillon, 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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RICHARD JOSE DUPREE,

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Petitioner,

Respondent.

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No. 2:11-cv-0533 KJN P

ORDER

vs.
JIM SCOTT,

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Petitioner is a state prisoner proceeding without counsel with an application for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Petitioner has

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consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).

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On April 4, 2011, this action was dismissed without prejudice for failure to state a

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cognizable habeas corpus claim. Petitioner has now filed an appeal. Therefore, IT IS HEREBY

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ORDERED that the court declines to issue the certificate of appealability referenced in 28 U.S.C.

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§ 2253.

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DATED: May 10, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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/dupr0533.coa