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)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 ERNIE ROXAS, 9 No. 2:15-CV-2201-TLN-CMK-P Petitioner, 10 vs. 11 J. LIZARRAGA, 12 ORDER Respondent. 13 14 / Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of 15 habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on December 27, 2016, 16 and the court declined to issue a certificate of appealability. Petitioner appealed on January 10, 17 2017. Concurrent with his notice of appeal, petitioner filed in this court a motion for the 18 appointment of counsel (Doc. 29) and a motion for leave to proceed in forma pauperis (Doc. 30). 19 Because this case is closed and the court’s judgment has been appealed, petitioner current 20 motions are denied without prejudice to renewal in the Ninth Circuit Court of Appeals. 21 IT IS SO ORDERED. 22 23 24 25 DATED: February 3, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 26 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?