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)

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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

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