Smith v. King et al

Filing 46

ORDER DISMISSING as MOOT Petitioner's Motion 43 in Lead Case], 13 in Member Case] to Use Original Record for Appeal. Signed by Magistrate Judge David A. Sanders on 7/22/22. (cb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION CHARLES SMITH, JR. PETITIONER v. No. 1:17CV184-GHD-DAS MR. RONALD KING, ET AL. RESPONDENTS Consolidated With CHARLES SMITH, JR. PETITIONER v. No. 1:19CV117-GHD-DAS RONALD KING, ET AL. RESPONDENTS ORDER DISMISSING AS MOOT PETITIONER’S MOTION [43 in Lead Case], [13] in Member Case] TO USE ORIGINAL RECORD FOR APPEAL This matter comes before the court on the motion [43] by the petitioner to use the original record to prosecute his appeal. As the Fifth Circuit Court of Appeals has denied the petitioner’s Application for a Certificate of Appealability, thus ending the appeal, the instant motion [43] is DISMISSED as moot. SO ORDERED, this, the 22nd day of July, 2022. /s/ David A. Sanders DAVID A. SANDERS UNITED STATES MAGISTRATE JUDGE

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