Pobursky v. Papagni

Filing 23

ORDER DISMISSING 21 Motion to Compel As Moot, signed by Magistrate Judge Michael J. Seng on 6/13/2011. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 JAMES SANFORD POBURSKY, 1:10-cv-00326-LJO-MJS (HC) 10 Petitioner, ORDER DISMISSING MOTION TO COMPEL AS MOOT 11 v. [Doc. 21] 12 13 DOUGLAS PAPAGNI, Respondent. 14 / 15 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas 17 corpus pursuant to 28 U.S.C. ยง 2254. On February 25, 2011, Petitioner filed a motion to 18 compel Respondent to serve copies of the state appelate record on Petitioner. 19 On March 1, 2011, Respondent filed a notice of lodging of the state records with the 20 Court. (Notice, ECF No. 22.) The declaration of service by mail attached to the notice of 21 lodging states that Respondent served a copy of the records by mail upon Petitioner. As 22 Respondent has provided the documents in question to Petitioner, the instant motion is 23 hereby DISMISSED as MOOT. 24 25 IT IS SO ORDERED. 26 Dated: 92b0h June 13, 2011 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1

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