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Case 2:12-cv-01759-GEB-JFM Document 23 Filed 07/31/13 Page 1 of 2















UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JEFFREY A. PATE,

No. 2:12-cv-01759 GEB JFM (HC)

Petitioner,



ORDER

v.

M. MARTEL,

Respondent.





Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

corpus pursuant to 28 U.S.C. § 2254. On January 24, 2013, respondent filed an answer to the

petition for writ of habeas corpus. ECF No. 16. On March 8, 2013, the court granted petitioner’s

motion for a thirty day extension of time to file a traverse. ECF No. 19. Petitioner has not filed a

traverse. A traverse is not a required pleading, and this case is now submitted for decision and in

due course, the court will issue its findings and recommendations on the merits of the petition.

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On July 12, 2013, petitioner filed a request for certificate of appealability. ECF No. 22.

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However, petitioner’s request is premature because a ruling on his petition has not yet been

entered.

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Case 2:12-cv-01759-GEB-JFM Document 23 Filed 07/31/13 Page 2 of 2

Accordingly, IT IS HEREBY ORDERED that:



1. Petitioner’s July 12, 2013, request for a certificate of appealability (ECF No. 22) is

denied as premature.

Dated: July 31, 2013






pate1759.req


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