UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 13, 2011
MIGUEL A. ZAVALA VIGAS, PETITIONER,
K. HARRINGTON, WARDEN,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
ORDER DENYING PETITIONER'S MOTION FOR APPLICATION TO FILE BELATED CERTIFICATE OF APPEALABILITY
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 13 pursuant to 28 U.S.C. -§ 2254. 14 On August 10, 2010, the District Court issued a final order dismissing the petition for 15 violating the statute of limitations. Petitioner filed a notice of appeal and the appeal was processed 16 to the Ninth Circuit Court of Appeal. On October 21, 2010, the Ninth Circuit denied a certificate of 17 appealability thereby terminating the appeal. 18 On January 12, 2011, Petitioner filed the instant motion for application to file a belated 19 certificate of appealability. Petitioner's motion will be denied because it is moot. The appeal has 20 already been denied by the Ninth Circuit. Therefore, granting a certificate of appealability would 21 serve no purpose. 22 Accordingly, Petitioner's motion for application to file a belated certificate of appealability is DENIED.
IT IS SO ORDERED.
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