UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 30, 2013
S. SURYADEVARA, ET AL.,
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DISREGARDING MOTION FOR CERTIFICATE OF APPEALABILITY (Doc. 48.)
Tony Cobos (Aplaintiff@) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. ' 1983. On March 27, 2013, the Court granted Defendants' motion for summary judgment, and judgment was entered in favor of Defendants. (Docs. 46, 47.) On April 29, 2013, plaintiff filed a motion for a certificate of appealability. (Doc. 48.)
Rule 22 of the Federal Rules of Appellate Procedure requires that an applicant who files a notice of appeal in a habeas proceeding must obtain a certificate of appealability under 28 U.S.C. ' 2253(c), or a statement why a certificate should not issue, from the district judge who rendered judgment in the action. Fed. R. App. P. 22(b) (emphasis added). Plaintiff requests a certificate of appealability for the Ninth Circuit Court of Appeals. However, because plaintiff=s appeal concerns a civil rights action under ' 1983 and not a habeas proceeding, Rule 22 is not applicable. Therefore, Plaintiff=s motion for a certificate of appealability shall be disregarded.
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff=s motion for a certificate of appealability, filed on April 29, 2013, is DISREGARDED.
IT IS SO ORDERED.
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