Ransome v. Longero et al

Filing 23

ORDER DISREGARDED 19 Motion for Certificate of Appealability, signed by Magistrate Judge Gary S. Austin on 03/09/2012. (Martin-Gill, 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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KIMIKO RANSOME,

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1:10-cv-02317-GSA-PC

Plaintiff,
ORDER DISREGARDING MOTION
FOR CERTIFICATE OF APPEALABILITY
(Doc. 19.)

vs.
C/O LONGERO, et al.,
Defendants.
_____________________________/

Kimiko Ransome (“plaintiff”) is a state prisoner proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. On February 9, 2012, the Court dismissed this action based on

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Plaintiff's failure to exhaust administrative remedies before filing suit. (Doc. 17.) On March 5,

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2012, plaintiff filed a motion for a certificate of appealability pursuant to Rule 22 of the Federal

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Rules of Appellate Procedure. (Doc. 19.) On March 8, 2012, plaintiff filed a notice of appeal to the

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Court of Appeals for the Ninth Circuit . (Doc. 20.)

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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) (emphasis added). Plaintiff requests a certificate of

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appealability for the notice of appeal she filed in this action. However, because plaintiff’s appeal

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concerns a civil rights action under § 1983 and not a habeas proceeding, Rule 22 is not applicable.

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Therefore, Plaintiff’s application for a certificate of appealability shall be disregarded. Plaintiff is

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advised that her appeal was processed and forwarded to the Ninth Circuit on March 8, 2012. (Doc.

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21.)

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Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for a certificate
of appealability, filed on March 5, 2012, is DISREGARDED.

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IT IS SO ORDERED.

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Dated:
6i0kij

March 9, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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