Griffin v. Perry

Filing 36

ORDER signed by Magistrate Judge Dennis M. Cota on 03/30/20 DENYING 30 Motion to Appoint Counsel. (Plummer, M)(cc: USCA,9th circuit) Modified on 3/31/2020 (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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TIMOTHY C. GRIFFIN,

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No. 2:15-CV-1776-MCE-DMC-P

Petitioner,
v.

ORDER

S. PERRY,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was issued on September 26, 2017,

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and this case was closed. See ECF Nos. 27 and 28. Petitioner appealed, see ECF No. 29, but the

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appeal was later voluntarily dismissed, see ECF No. 34. Pending before the Court is petitioner’s

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motion for the appointment of counsel, see ECF No. 30, filed concurrently with petitioner’s

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notice of appeal.

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Petitioner’s motion is construed as motion for appointment of counsel on appeal
and, so construed, is denied because petitioner voluntarily dismissed the appeal.
IT IS SO ORDERED.
Dated: March 30, 2020
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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