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Diane Reimers v. Cdcr

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 21, 2011

DIANE REIMERS,
PLAINTIFF,
v.
CDCR, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING REQUEST FOR ISSUANCE OF CERTIFICATE OF APPEALABILITY AS UNNECESSARY (Doc. 23)

Plaintiff Diane Reimers, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 22, 2010. On July 11, 2011, the Court dismissed the action, with prejudice, for failure to state a claim and entered judgment. On August 12, 2011, Plaintiff filed a notice of appeal and a request for the issuance of a certificate of appealability. Fed. R. App. P. 22(b).

The requirement that a certificate of appealability be obtained in order to appeal applies to state habeas corpus proceedings and 28 U.S.C. § 2255 proceedings. Plaintiff is not required to obtain a certificate of appealability in this action and her request is therefore DENIED.

IT IS SO ORDERED.

20110821

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