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Miguel A. Zavala Vigas v. K. Harrington

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 13, 2011

MIGUEL A. ZAVALA VIGAS, PETITIONER,
v.
K. HARRINGTON, WARDEN,
RESPONDENT.

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

[Doc. #30]

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.

20110113

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