Wiggins v. Ducart

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 07/26/17 disregarding 26 Motion for Certificate of Appealability. The Clerk of the Court is directed to serve this order on petitioners counsel and petitioner, Demario Wiggins, CDCR No. AG1647, California Mens Colony, P.O. Box 8101, San Luis Obispo, CA, 93409-8101. (Copy served by mail on Demario Wiggins at CMC address above) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEMARIO WIGGINS,

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Petitioner,

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No. 2: 16-cv-1669 MCE KJN P

v.

ORDER

CLARK DUCART,

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Respondent.

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Petitioner is a state prisoner, proceeding through counsel, with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On May 5, 2017, the court granted respondent’s

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motion to dismiss and declined to issue a certificate of appealability. (ECF No. 24.) On May 5,

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2017, judgment was entered. (ECF No. 25.)
On July 10, 2017, petitioner himself filed a motion for a certificate of appealabilty. (ECF

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No. 26.) Because petitioner is represented by counsel, he may only communicate with the court

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through his counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for a certificate of appealability (ECF No. 26) is disregarded;

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2. The Clerk of the Court is directed to serve this order on petitioner’s counsel and

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petitioner, Demario Wiggins, CDCR No. AG1647, California Men’s Colony, P.O. Box 8101, San

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Luis Obispo, CA, 93409-8101.

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Dated: July 26, 2017

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Wig1669.ord
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