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Magee v. Clark

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


September 27, 2010

RUCHELL CINQUE MAGEE, PETITIONER,
v.
K. CLARK, RESPONDENT.

ORDER DENYING PETITIONER'S MOTION

(DOC. 13)

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.

20100927

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