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Moten v. Carey

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


July 26, 2010

EDWARD A. MOTEN, PETITIONER,
v.
THOMAS CAREY, WARDEN, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On July 25, 2008, the court denied his application for habeas corpus relief and judgment was entered. Petitioner appealed. On June 15, 2010, the Ninth Circuit remanded the case to the district court for the limited purpose of granting or denting a certificate of appealability.

A certificate of appealability shall issue as to the issue of whether the state court's determination that some evidence supported the parole board's decision was based on an unreasonable determination of the facts in light of the evidence presented.

20100726

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