Cato v. Avila et al

Filing 79

ORDER Denying Plaintiff's 65 Motion to Extend Time to File a Notice of Appeal as Moot and Denying Plaintiff's 68 Motion for a Certificate of Appealability, signed by Magistrate Judge Michael J. Seng on 9/17/12. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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JAMES CATO, JR.,

1:10-cv-00793-AWI-MJS (PC)

Plaintiff,

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v.

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ORDER DENYING PLAINTIFF'S
MOTION TO EXTEND TIME TO FILE A
NOTICE OF APPEAL AS MOOT AND
DENYING PLAINTIFFS MOTION FOR A
CERTIFICATE OF APPEALABILITY

T. AVILA, et al,
Defendants.

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(ECF Nos. 65 & 68)

_____________________________/

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Plaintiff James Cato (“Plaintiff”) is a prisoner proceeding pro se in a civil rights
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action pursuant to 42 U.S.C. § 1983. On July 19, 2012, Plaintiff filed a motion to extend
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time to file a notice of appeal. (ECF No. 65.) Plaintiff has since filed a notice of appeal.
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(ECF No. 67.) Accordingly, Plaintiff’s motion to extend time to file a notice of appeal
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should be denied.
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On July 30, 2012, Plaintiff filed a motion for a certificate of appealability. (ECF No.
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68.) A certificate of appealability is not required for actions like Plaintiff’s 42 U.S.C. §
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1983 civil rights action. Plaintiff’s motion should be denied.
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Accordingly, it is hereby ORDERED that:

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Plaintiff’s motion for an extension of time (ECF No 65) is DENIED as moot;
and

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2.

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Plaintiff’s motion for a certificate of appealability (ECF No. 68) is DENIED.

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IT IS SO ORDERED.

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Dated:
il0i0d

September 17, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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