Opinion
2:07-cv-00821-KJD-RJJ
08-08-2011
ORDER
This closed habeas matter under 28 U.S.C. § 2254 comes before the Court following upon a purported judicial notice filed by petitioner that was docketed as a motion (#109).
The present filing rehashes arguments or makes variations on arguments that petitioner made in prior filings (## 103 & 107) that the Court has rejected with assigned reasons (## 106 & 108) and as to which the Court of Appeals has denied a certificate of appealability (#113). As noted in the Court's prior order (#108), a "judicial notice" further is a fugitive document.
IT THEREFORE IS ORDERED that the filing docketed as a motion (#109) is DENIED. A certificate of appealability also is DENIED as to any appeal as to this frivolous filing.
KENT J. DAWSON
United States District Judge