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Richard Jose Dupree v. Jim Scott

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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