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Darrel Maurice Smith, Jr v. James D. Hartley

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


April 27, 2011

DARREL MAURICE SMITH, JR., PETITIONER,
v.
JAMES D. HARTLEY, WARDEN (A), AVENAL STATE PRISON, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

ORDER DENYING CERTIFICATE OF APPEALABILITY

This matter has been remanded to this Court by the Court of Appeals for the limited purpose of granting or denying a certificate of appealability.*fn1 The arguments presented by Petitioner in this case have been foreclosed by Swarthout v. Cooke.*fn2

IT IS THEREFORE ORDERED THAT this Court declines to issue a Certificate of Appealability.*fn3 Any further request for a Certificate of Appealability must be addressed to the Court of Appeals.*fn4

James K. Singleton, Jr.


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