Smith v. Swarthout

Filing 19

ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY by Judge William Alsup [denying 18 Motion for Certificate of Appealability]. (whasec, COURT STAFF) (Filed on 3/5/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GREGORY C SMITH, No. C 11-00814 WHA 11 For the Northern District of California United States District Court 10 12 13 14 Petitioner, v. Respondent. / 15 16 ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY GARY SWARTHOUT, Warden, On January 3, 2013, petitioner’s habeas petition and a certificate of appealability were 17 denied. (Order Denying Petition For Writ Of Habeas Corpus, Docket No. 16). Petitioner was 18 informed that he could seek a certificate of appealability from the Court of Appeals. Id. 19 On February 7, 2013, the Court of Appeals received petitioner’s request for a certificate of 20 appealability and forwarded it to the District Court. Consistent with the prior Order in this 21 matter, petitioner’s request for a certificate of appealability is DENIED. 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: March 5, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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