Shaka v. Ryan et al

Filing 317

ORDER denying 316 Plaintiff's Request/Motion for Certificate of Appealibility (C.O.A.). Signed by Senior Judge Stephen M McNamee on 3/24/15.(LSP)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Shaka,

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No. CV 10-2253-PHX-SMM
Plaintiff,

v.

ORDER

Charles L. Ryan, et al.,

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Defendants.

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Plaintiff Shaka, who is currently confined in the Arizona State Prison Complex-

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Yuma (“ASPC-Yuma”), brought this civil rights case pursuant to 42 U.S.C. § 1983. On

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March 4, 2015, the Court granted Defendants’ Motion for Summary Judgment, denied

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Plaintiff’s Cross-Motion for Summary Judgment, and directed the Clerk of Court to enter

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Judgment. (Doc. 312.) The Clerk of Court entered Judgment that same day. (Doc. 313.)

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On March 13, 2015, Plaintiff filed a Notice of Appeal with the Ninth Circuit Court of

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Appeals. (Doc. 314.) On March 19, 2015, Plaintiff filed a “Request for Certificate of

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Appealibility (C.O.A.).” (Doc. 316.)

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Plaintiff’s request will be denied.

The requirements for a certificate of

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appealability apply to claims for habeas corpus relief, rather than claims brought pursuant

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to 42 U.S.C. § 1983. See, e.g., Stein v. Quinn, 2007 WL 1725553, at *1 (W.D. Wash.

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June 11, 2007); Harnden v. Key, 2009 WL 929070, at *1 (E.D. Cal. 2009).

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....

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....

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IT IS THEREFORE ORDERED that Plaintiff’s “Request for Certificate of

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Appealibility (C.O.A.)” (Doc. 316) is denied.

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DATED this 24th day of March, 2015.

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Honorable Stephen M. McNamee
Senior United States District Judge

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