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Christina B. Shukry v. Walter Miller

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


September 21, 2012

CHRISTINA B. SHUKRY PETITIONER,
v.
WALTER MILLER, RESPONDENT.

ORDER

Petitioner is a state prisoner and is proceeding with a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On July 28, 2011, the petition was dismissed as time-barred under the one-year statute of limitations in 28 U.S.C. § 2244(d). In the order dismissing this action the court also declined to issue a certificate of appealability. (See Dkt. No. 21 at p. 2.) Thereafter, petitioner filed a notice of appeal (See Dkt. No. 23.) along with a motion for a certificate of appealability. (See Dkt. No. 26.) Petitioner's request for a certificate of appealability has since been denied by the United States Court of Appeals for the Ninth Circuit. (See Dkt. No. 29.)

Accordingly, for the reasons discussed in the June 14, 2011 findings and recommendations as well as the denial of a certificate of appealability in this court's July 28, 2011 order and the recent denial of petitioner's request for a certificate of appealability by the Ninth Circuit, IT IS HEREBY ORDERED that the motion for a certificate of appealability (Dkt. No. 26) is DENIED.

20120921

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