IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 10, 2011
RICHARD JOSE DUPREE, PETITIONER,
JIM SCOTT, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner is a state prisoner proceeding without counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Petitioner has consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c).
On April 4, 2011, this action was dismissed without prejudice for failure to state a cognizable habeas corpus claim. Petitioner has now filed an appeal. Therefore, IT IS HEREBY
ORDERED that the court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
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