IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 21, 2011
STEVEN W. ROSE,
STATE OF CALIFORNIA, DEFENDANT.
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER DENYING APPLICATION FOR A CERTIFICATE OF APPEALABILITY
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On April 19, 2011, Plaintiff filed an application for a certificate of appealability, so that he may challenge the Court's order, filed February 8, 2011, denying Plaintiff's motion to stay the case. (Doc. 33.) Certificates of appealability, however, are not applicable to § 1983 actions. They are only required, pursuant to 28 U.S.C. § 2253, to appeal judgments rendered in habeas corpus cases.
Accordingly, it is HEREBY ORDERED that Plaintiff's April 19, 2011 application for a certificate of appealability (Doc. 40) is DENIED as being unnecessary.
IT IS SO ORDERED.
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