IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 27, 2010
RUCHELL CINQUE MAGEE, PETITIONER,
K. CLARK, RESPONDENT.
ORDER DENYING PETITIONER'S MOTION
Petitioner is a state prisoner who proceeded with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was dismissed, and judgment was entered on September 2, 2010.
On September 10, 2010, Petitioner filed a motion entitled "MOTION FOR CLEARANCE, In The alternative, Direct Appeal," which the Court understands to be a motion for a certificate of appealability.
The Court previously considered whether or not to issue a certificate of appealability, and it declined to issue a certificate in its order of dismissal filed on September 2, 2010.
Further, Petitioner filed a notice of appeal on September 20, 2010.
Accordingly, Petitioner's motion is DENIED as moot.
IT IS SO ORDERED.
© 1992-2010 VersusLaw Inc.