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MITCHELL v. HEDGEPH, CIV S-09-0269-MCE-CMK-P. (2012)

Court: District Court, E.D. California Number: infdco20120413601 Visitors: 13
Filed: Apr. 12, 2012
Latest Update: Apr. 12, 2012
Summary: ORDER CRAIG M. KELLISON, Magistrate Judge. Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Final judgment was entered on February 7, 2011. Plaintiff filed a notice of appeal on April 18, 2011. The Ninth Circuit Court of Appeals issued on order on May 19, 2011, denying a certificate of appealability because petitioner's notice of appeal was untimely. Petitioner now seeks in this court reconsideration of the Ninth C
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ORDER

CRAIG M. KELLISON, Magistrate Judge.

Petitioner, a state prisoner proceeding pro se, brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Final judgment was entered on February 7, 2011. Plaintiff filed a notice of appeal on April 18, 2011. The Ninth Circuit Court of Appeals issued on order on May 19, 2011, denying a certificate of appealability because petitioner's notice of appeal was untimely. Petitioner now seeks in this court reconsideration of the Ninth Circuit's May 19, 2011, order (Doc. 32). The motion is denied because this court does not have jurisdiction to reconsider an order issued by the Ninth Circuit.

IT IS SO ORDERED.

Source:  Leagle

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