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James D. Nivette v. John Marshall

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


July 5, 2011

JAMES D. NIVETTE, PETITIONER,
v.
JOHN MARSHALL, RESPONDENT.

ORDER

Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 1, 2011, judgment was entered in this court denying the petition. On June 20, 2011, petitioner filed a motion for appointment of counsel to assist him on appeal. However, the court's docket reflects that petitioner has not filed a notice of appeal in this case. The time limit for the filing of a notice of appeal following entry of judgment is thirty days. See Fed. R. App. P. 4(a). Any notice of appeal filed by petitioner now would therefore appear to be untimely. In any event, any request by petitioner for the appointment of counsel on appeal should be directed to the Ninth Circuit Court of Appeals.

Accordingly, IT IS HEREBY ORDERED that petitioner's motion for appointment of counsel (Doc. No. 25) is denied without prejudice to refiling with the Ninth Circuit.

DAD:9 nive1173.110d

20110705

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