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Wilhelm v. Clark

October 13, 2009

STEVEN HAIRL WILHELM, PLAINTIFF,
v.
KEN CLARK, DEFENDANT.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER RE MOTIONS (DOCS 9, 10)

Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to magistrate judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). Pending before the Court Plaintiff's motions for the appointment of counsel and for a certificate of appealability.

On March 23, 2009, this action was dismissed with prejudice for failure to state a claim upon which relief could be granted. On April 30, 2009, Plaintiff filed a motion for certificate of appealability and a motion for the appointment of counsel. On June 2, 2009, an order was entered by the Ninth Circuit, dismissing Plaintiff's appeal for lack of jurisdiction. This Court received the mandate on July 27, 2009. Plaintiff's motions are therefore moot.

Accordingly, IT IS HEREBY ORDERED that Plaintiff's motions for the appointment of counsel and for a certificate of appealability are denied as moot.

IT IS SO ORDERED.

20091013

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