Opinion
3:10-cv-00517-RCJ-VPC.
August 11, 2011
ORDER
This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2255 in which petitioner, a state prisoner, is proceeding pro se. Petitioner states in his petition that he wishes to challenge the judgment in Bayard v. Skolnik, 3:09-cv-00476-RCJ-VPC, a habeas corpus petition pursuant to 28 U.S.C. § 2254. That petition was dismissed by this court on June 9, 2010. A petition pursuant to 28 U.S.C. § 2255 may not be used to challenge an unfavorable outcome of a petition pursuant to 28 U.S.C. § 2254.
IT IS THEREFORE ORDERED that this action is DISMISSED with prejudice.
IT IS FURTHER ORDERED that the application for leave to proceed in forma pauperis (ECF No. 1) is DENIED as moot.
IT IS THEREFORE ORDERED that the motion for appointment of counsel (ECF No. 3) is DENIED as moot.