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James Sanford Pobursky v. Douglas Papagni

June 13, 2011

JAMES SANFORD POBURSKY,
PETITIONER,
v.
DOUGLAS PAPAGNI, RESPONDENT.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DISMISSING MOTION TO COMPEL AS MOOT

[Doc. 21]

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 25, 2011, Petitioner filed a motion to compel Respondent to serve copies of the state appelate record on Petitioner.

On March 1, 2011, Respondent filed a notice of lodging of the state records with the Court. (Notice, ECF No. 22.) The declaration of service by mail attached to the notice of lodging states that Respondent served a copy of the records by mail upon Petitioner. As Respondent has provided the documents in question to Petitioner, the instant motion is hereby DISMISSED as MOOT.

IT IS SO ORDERED.

92b0h

20110613

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