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David Hernandez v. J. T. Ochoa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 18, 2012

DAVID HERNANDEZ,
PETITIONER,
v.
J. T. OCHOA, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DENYING AS MOOT PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL (Doc. 21) ORDER DENYING AS MOOT PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL (Doc. 22)

Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Petitioner filed the instant federal petition on July 27, 2010. (Doc. 1). On March 2, 2011, the Court issued an order granting Respondent's motion to dismiss the petition as untimely. (Doc. 19). The Court entered judgment and closed the case on that same date. (Doc. 20). On April 18, 2011, Petitioner filed a motion for appointment of counsel. (Doc. 21). Petitioner also filed a motion for extension of time to file a late notice of appeal. (Doc. 22). For reasons that are now unclear, no ruling was issued on those two pending motions.*fn1 Subsequently, the appeal was processed to the Ninth Circuit which, on June 27, 2012, denied Petitioner's request for issuance of a certificate of appealability and dismissed the appeal. (Doc. 27). Accordingly, Petitioner's requests for appointment 2 of counsel and for an extension of time to file a notice of appeal are now moot. 3

ORDER

For the foregoing reasons, the Court HEREBY ORDERS as follows:

1. Petitioner's motion for appointment of counsel (Doc. 21), is DENIED as MOOT; and,

2. Petitioner's motion for extension of time to file an untimely notice of appeal (Doc. 22), is DENIED as MOOT.

IT IS SO ORDERED.


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