Roxas v. Lizarraga

Filing 34

ORDER signed by Magistrate Judge Craig M. Kellison on 2/03/17 denying 29 Motion to Appoint Counsel and denying 30 Motion to Proceed IFP without prejudice to renewal in the Ninth Circuit Court of Appeals. (cc: USCA, 9th circuit) (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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ERNIE ROXAS,

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No. 2:15-CV-2201-TLN-CMK-P

Petitioner,

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vs.

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J. LIZARRAGA,

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ORDER

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 entered on December 27, 2016,

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and the court declined to issue a certificate of appealability. Petitioner appealed on January 10,

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2017. Concurrent with his notice of appeal, petitioner filed in this court a motion for the

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appointment of counsel (Doc. 29) and a motion for leave to proceed in forma pauperis (Doc. 30).

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Because this case is closed and the court’s judgment has been appealed, petitioner current

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motions are denied without prejudice to renewal in the Ninth Circuit Court of Appeals.

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IT IS SO ORDERED.

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DATED: February 3, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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