IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 7, 2011
DEWEY TERRY, PLAINTIFF,
JOHN HIVILAND, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, a state prisoner proceeding pro se sought relief pursuant to 42 U.S.C. § 1983. This case was closed on May 31, 2011. On June 21, 2011, plaintiff filed a motion for a certificate of appealability. A certificate of appealability is not required for a civil rights action brought pursuant to 42 U.S.C § 1983. See 28 U.S.C. § 2253. This motion is therefore vacated and will be disregarded.
IT IS HEREBY ORDERED that plaintiff's motion (Doc. 48) is vacated and will be disregarded.
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