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Kevin Glen Rikard v. Anthony Hedgepath

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


March 12, 2012

KEVIN GLEN RIKARD, PETITIONER,
v.
ANTHONY HEDGEPATH, WARDEN, RESPONDENT.

The opinion of the court was delivered by: James K. Singleton, Jr. United States District Judge

[Re: Motion at Docket No. 30]

ORDER

Kevin Glen Rikard, a state prisoner proceeding pro se, has filed a Motion for Appointment of Counsel at Docket No. 30. The record reflects that Rikard currently has an appeal pending from the Judgment of this Court before the Court of Appeals for the Ninth Circuit, case No. 10-15123. A review of the electronic docket in that case indicates that Rikard submitted a similar motion to the Court of Appeals, which denied the motion on February 17, 2012. The notice of appeal divested this Court of jurisdiction over this proceeding and vested it in the Court of Appeals.*fn1 Accordingly, this Court having no further jurisdiction,

IT IS THEREFORE ORDERED THAT the Motion for Appointment of Counsel at Docket No. 30 is DENIED.

James K. Singleton, Jr.


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