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08-158 - Sunderland v. Smith

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08-158 - Sunderland v. Smith
February 9, 2010
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MEMORANDUM DECISION AND ORDER Petitioner's Motion for Witness Appearance 29 is DENIED. Petitioner's Motion for Appointment of Counsel 30 isDENIED. Respondent's Motion for Extension of Time to File Dispositive Motion33 is GRANTED. Respondent's Motion for Summary Judgment is considered timely filed. Petitioner's Motion to Add Request for Damages 39 is DENIED. Petitioner's Motion to Have Judge and Jury Decide this Case 44 is MOOT. Petitioner's Motion for Release 46 is DENIED. Respondent's Motion for Summary Judgment 32 is GRANTED. Petitioner's Petition is DISMISSED with prejudice. The Court will not grant a Certificate of Appealability in this case. If Petitioner chooses to file a notice of appeal, the Clerk of Court is ordered to forward a copy of this Order, the record in this case, and Petitioner's notice of appeal, to the United States Court of Appeals for the Ninth Circuit. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)