UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
June 13, 2011
JAMES SANFORD POBURSKY,
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
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.
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