Opinion
No. 2: 05-cv-0447 GEB KJN P.
December 2, 2010
ORDER
On November 1, 2010, the Honorable Garland E. Burrell denied petitioner's application for a writ of habeas corpus and issued a certificate of appealability.
On November 17, 2010, petitioner filed an application for a certificate of appealability which the court construes as a notice of appeal. On November 17, 2010, petitioner filed a motion for appointment of counsel. Because this action is now on appeal, this motion should be addressed to the Ninth Circuit Court of Appeals.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's motion for certificate of appealability (Dkt. No. 70) is construed as a notice of appeal; the Clerk of the Court shall process petitioner's appeal;
2. Petitioner's motion for appointment of counsel (Dkt. No. 71) is disregarded.
DATED: December 1, 2010