UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 1, 2010
SALVADOR NICOLA NEGRETE, II, PLAINTIFF,
DERRAL G. ADAMS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
Plaintiff Salvador Nicola Negrete, II ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On June 12, 2009, Plaintiff filed an "application for certificate of appealability" pursuant to Federal Rule of Appellate Procedure 22. (Doc. #15.) Federal Rule of Appellate Procedure 22 only applies to habeas corpus proceedings. It is not necessary to receive a certificate of appealability in a section 1983 action. The Court notes that Plaintiff's appeal was denied by the Ninth Circuit on September 16, 2009. (Doc. #19.)
Accordingly, it is HEREBY ORDERED that Plaintiff's application is DENIED.
IT IS SO ORDERED.
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