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Alton E. Dean v. Erik Maness

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


March 14, 2011

ALTON E. DEAN,
PETITIONER,
v.
ERIK MANESS, RESPONDENT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c) and no other party was served or appeared in the action. Pending before the court in this closed case is petitioner's First Amended Petition (Doc. 15).

This case is closed and an appeal is pending in the Ninth Circuit Court of Appeals. Petitioner's petition was summarily dismissed on December 30, 2010, and judgment was entered the same day. Petitioner then filed a notice of appeal on February 10, 2011, which was processed to the Ninth Circuit on February 15, 2011. This court therefore lacks jurisdiction over any further proceedings in this matter. Petitioner is advised that documents filed in this case since the closing date will be disregarded and no order will issue in response to future filings, until such time as the appeal of this case is completed.

IT IS SO ORDERED.

20110314

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