Roxas v. Lizarraga
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
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 December 27, 2016,
and the court declined to issue a certificate of appealability. Petitioner appealed on January 10,
2017. Concurrent with his notice of appeal, petitioner filed in this court a motion for the
appointment of counsel (Doc. 29) and a motion for leave to proceed in forma pauperis (Doc. 30).
Because this case is closed and the court’s judgment has been appealed, petitioner current
motions are denied without prejudice to renewal in the Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
DATED: February 3, 2017
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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