Davis v. Lloyd et al

Filing 36

ORDER DENYING 32 Motion for Certificate of Appealability, signed by Magistrate Judge Michael J. Seng on 03/22/2013. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRANCIS W. DAVIS,

CASE NO.

1:10-cv-0495-AWI-MJS (PC)

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR A CERTIFICATE OF APPEALABILITY

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v.

(ECF No. 32)

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LLOYD, et. al.,

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Defendants.
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Plaintiff Francis W. Davis (“Plaintiff”) is a state prisoner formerly proceeding pro se
in this civil rights action pursuant to 42 U.S.C. § 1983.

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Plaintiff initiated this action on March 19, 2010. (ECF No. 1.) The Court screened

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Plaintiff’s original Complaint on December 22, 2011, and dismissed it with leave to amend.

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(ECF No. 12.) Plaintiff filed his First Amended Complaint on March 7, 2012. (Am. Compl.,

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ECF No. 15.) The Court screened and dismissed Plaintiff’s First Amended Complaint for

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failure to state a claim. (ECF Nos. 17 & 23.) Plaintiff’s case was closed on September 4,

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2012. (ECF No. 24.)

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On October 15, 2012, Plaintiff filed a motion for a certificate of appealability. (ECF

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No. 32.) No such certificate is required in or applicable to this type of case. Accordingly,

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Plaintiff’s motion is DENIED.

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IT IS SO ORDERED.

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Dated:
ci4d6

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March 22, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE