Martin v. Woodford et al

Filing 125

ORDER DISREGARDING 119 Motion for Certificate of Appealability; ORDER for Clerk to Serve Copy of this Order on Ninth Circuit signed by Magistrate Judge Sandra M. Snyder on 4/16/2011. (Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLAUDELL EARL MARTIN,

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1:08-cv-00415-LJO-SMS PC
Appeal Number 11-15830

Plaintiff,
ORDER DISREGARDING MOTION
FOR CERTIFICATE OF APPEALABILITY

vs.
JEANNE S WOODFORD, et al.,
Defendants.

(ECF No. 119)
ORDER FOR CLERK TO SERVE COPY
OF THIS ORDER ON NINTH CIRCUIT

_____________________________/

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Claudell Earl Martin (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On March 23, 2011, Defendants’ motion for

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summary judgment was granted and judgment was entered against Plaintiff in this action. (ECF No.

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116.) On April 4, 2011, Plaintiff filed a notice of appeal to the Court of Appeals for the Ninth

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Circuit, along with a motion for issuance of a certificate of appealability. (ECF Nos. 119, 120.)

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Rule 22 of the Federal Rules of Appellate Procedure requires that an applicant who files a

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notice of appeal in a habeas proceeding must obtain a certificate of appealability under 28 U.S.C. §

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2253(c), or a statement why a certificate should not issue, from the district judge who rendered

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judgment in the action. Fed. R. App. P. 22(b). The district clerk must send the certificate or

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statement to the court of appeals along with the notice of appeal. Id. Plaintiff has requested a

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certificate of appealability for the notice of appeal he filed in this action on April 4, 2011. However,

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Plaintiff’s appeal concerns a civil rights action under § 1983, not a habeas proceeding. Therefore,

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Rule 22 does not apply to Plaintiff’s appeal, and Plaintiff’s application for a certificate of

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appealability shall be disregarded. Plaintiff is advised that his appeal was processed and forwarded

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to the Ninth Circuit on . (ECF No. )

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Accordingly, THE COURT HEREBY ORDERS that:

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1.

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Plaintiff’s Motion for Issuance of a Certificate of Appealability is DISREGARDED;
and

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2.

The Clerk is DIRECTED to serve a copy of this order on the Ninth Circuit.

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IT IS SO ORDERED.

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Dated:
icido3

April 16, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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