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Richard Jose Dupree v. Jim Scott

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


May 10, 2011

RICHARD JOSE DUPREE, PETITIONER,
v.
JIM SCOTT, RESPONDENT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

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.

20110510

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