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James Cato, Jr v. T. Avila

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


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

© 1992-2012 VersusLaw Inc.



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