McCoy v. Beard

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/7/14 ORDERING that upon reconsideration, the order filed September 4, 2014 is affirmed.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE LYNN McCOY,

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Petitioner,

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No. 2:14-cv-1999 CKD P

v.

ORDER

JEFFREY A. BEARD,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Petitioner has consented to this court’s jurisdiction pursuant to 28

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U.S.C. § 636(c) and Local Rule 302. Before the court is petitioner’s September 26, 2014 motion

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for reconsideration of the September 4, 2014 order denying without prejudice his motion for

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appointment of counsel.

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Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld unless

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“clearly erroneous or contrary to law.” Upon review of the entire file, the court finds that the

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challenged ruling was not clearly erroneous or contrary to law.

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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order filed

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September 4, 2014 is affirmed.

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Dated: October 7, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / mcco1999.850_consent

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