Harnden v. Key, et al

Filing 252

ORDER DENYING 248 Request for Certificate of Appealability signed by District Judge Lawrence J. O'Neill on 4/6/2009. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 vs. (Doc. 248.) KEY, VOGEL, and KEENER, Defendants. / Plaintiff is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. On December 15, 2008, jury trial in this action commenced before District Judge Lawrence J. O'Neill. On December 17, 2008, the jury returned a verdict for the Defendants. Judgment in favor of Defendants was entered in this action on December 18, 2008, and the case was closed. On January 12, 2009, Plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals and a request for a certificate of appealability. (Docs. 247, 248.) The requirement for the issuance of a certificate of appealability on appeal arises under 28 U.S.C. § 2253, which provides: (c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from -(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or (B) the final order in a proceeding under section 2255. JEFF S. HARNDEN, Plaintiff, 1:02-cv-06529-LJO-GSA-PC ORDER DENYING REQUEST FOR CERTIFICATE OF APPEALABILITY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

28 U.S.C. § 2253. Because § 2253 only applies to petitions for writ of habeas corpus, and plaintiff is proceeding with a civil rights action under 42 U.S.C. § 1983, plaintiff's request for a certificate of appealability shall be denied. Accordingly, IT IS HEREBY ORDERED that plaintiff's request for a certificate of appealability, filed on January 12, 2009, is DENIED. IT IS SO ORDERED. Dated: b9ed48 April 6, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

2