IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 22, 2010
A.C. ROBINSON, PLAINTIFF,
D.L. RUNNELS, DEFENDANT.
Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On October 16, 2009, the assigned district judge dismissed this action without prejudice due to plaintiff's failure to exhaust administrative remedies. Pending before the court is plaintiff's motion for a certificate of appealability.
Plaintiff is advised that the requirements for a certificate of appealability apply to claims for habeas corpus relief. Plaintiff does not need a certificate of appealability to appeal from the dismissal of his civil rights action brought under § 1983.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for a certificate of appealability (Doc. No. 66) is denied as unnecessary.
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