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Sanchez v. Yates

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 17, 2008

MANUEL FLORENCE SANCHEZ, PETITIONER,
v.
JAMES A. YATES, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding through counsel with a petition for writ of habeas corpus. This action is now on appeal to the Ninth Circuit Court of Appeals. On December 10, 2008, and December 11, 2008, petitioner filed a request for a certificate of appealability, a motion for appointment of counsel and a request for leave to proceed in forma pauperis on appeal.

Because petitioner is still represented by counsel who has apparently not yet been relieved by the Ninth Circuit, petitioner's requests are disregarded. Petitioner's requests should be directed to the Ninth Circuit.*fn1

Accordingly, IT IS HEREBY ORDERED that petitioner's December 10, 2008, requests for a certificate of appealability and motion for substitution of counsel (nos. 53, 55) and his December 11, 2008, motion to proceed in forma pauperis (no. 54) are disregarded.


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