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James Cato, Jr v. T. Avila

September 17, 2012

JAMES CATO, JR.,
PLAINTIFF,
v.
T. AVILA, ET AL,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER DENYING PLAINTIFF'S MOTION TO EXTEND TIME TO FILE A NOTICE OF APPEAL AS MOOT AND DENYING PLAINTIFFS MOTION FOR A CERTIFICATE OF APPEALABILITY (ECF Nos. 65 & 68)

Plaintiff James Cato ("Plaintiff") is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On July 19, 2012, Plaintiff filed a motion to extend time to file a notice of appeal. (ECF No. 65.) Plaintiff has since filed a notice of appeal. (ECF No. 67.) Accordingly, Plaintiff's motion to extend time to file a notice of appeal should be denied.

On July 30, 2012, Plaintiff filed a motion for a certificate of appealability. (ECF No. 68.) A certificate of appealability is not required for actions like Plaintiff's 42 U.S.C. § 1983 civil rights action. Plaintiff's motion should be denied.

Accordingly, it is hereby ORDERED that:

1. Plaintiff's motion for an extension of time (ECF No 65) is DENIED as moot; and

2. Plaintiff's motion for a certificate of appealability (ECF No. 68) is DENIED.

IT IS SO ORDERED.

20120917

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