Moore v. Sacramento County Superior Court et al

Filing 19

ORDER signed by Magistrate Judge Craig M. Kellison on 8/8/12 ORDERING that 14 , 15 and 16 Motions are DENIED; This actionshall remain closed. (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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THOMAS EUGENE MOORE,

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No. 2:11-CV-3263-MCE-CMK-P

Petitioner,
vs.

ORDER

SACRAMENTO COUNTY
SUPERIOR COURT, et al.,

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Respondents.
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Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on July 9, 2012.
Pending before the court are: (1) petitioner’s motion for leave to file notice of

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appeal and certificate of appealability (Doc. 14); (2) petitioner’s motion for a certificate of

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appealability (Doc. 15); and (3) petitioner’s motion to vacate a pre-filing review order issued by

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the Ninth Circuit Court of Appeals (Doc. 16). All three motions bear the name of the United

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States Court of Appeals for the Ninth Circuit and it appears petitioner may have intended the

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motions to be considered by that court. In any event, this court has already declined to issue a

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certificate of appealability (see order at Doc. 10), and this court cannot vacate a pre-filing review
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order issued by the Ninth Circuit. For these reasons, petitioner’s motions are denied. This action

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shall remain closed.

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IT IS SO ORDERED.

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DATED: August 8, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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