Goff v. Salinas

Filing 30

ORDER signed by Senior Judge William B. Shubb on 2/13/13 ORDERING that petitioner's request for reconsideration (Docket No. 28 ) is denied. Because there is no appeal pending, and because the procedures of California Penal Code are inapplicable to these proceedings, IT IS FURTHER ORDERED that petitioner's Motion for Appointment of Appellate Counsel Pursuant to Penal Code Section § 1240 (Docket No. 29 ) is also denied. (Becknal, R)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 THOMAS L. GOFF, 12 13 14 15 16 17 Petitioner, vs. No. 2:11-cv-3251 WBS AC P M. SALINAS, Warden Respondent. ORDER / On September 11, 2012, the Magistrate Judge issued an order denying petitioner’s 18 motion appointment of counsel. On January 30, 2013, petitioner filed a request for 19 reconsideration of that order. Local Rule 303(b), states “rulings by Magistrate Judges shall be 20 final if no reconsideration thereof is sought from the Court within fourteen days . . . from the date 21 of service of the ruling on the parties. . .” E.D. Local Rule 303(b). Petitioner’s request for 22 reconsideration of the magistrate judge’s order of September 11, 2012 is therefore untimely. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that petitioner’s request for reconsideration (Docket No. 28) is denied. Because there is no appeal pending, and because the procedures of California Penal Code are inapplicable to these proceedings, IT IS FURTHER ORDERED that petitioner’s Motion for Appointment of Appellate Counsel Pursuant to Penal Code Section § 1240 (Docket 1 No. 29) is also denied. 2 DATED: February 13, 2013 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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