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Paul Samuel Johnson v. Gary Swarthout

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


April 4, 2012

PAUL SAMUEL JOHNSON PETITIONER,
v.
GARY SWARTHOUT RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2254. He has filed a motion for a certificate of appealability. A certificate of appealability can only issue after a court has entered its final order in a habeas corpus proceeding and only if the party seeking the certificate makes a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c). The motion is therefore premature.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. The motion for a certificate of appealability (Docket No. 34) is denied without prejudice to its renewal at the appropriate time.

2. The Clerk of Court is directed to assign this case to a district judge.


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