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Negrete v. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 1, 2010

SALVADOR NICOLA NEGRETE, II, PLAINTIFF,
v.
DERRAL G. ADAMS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER

(Doc. 15)

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.

20100301

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