Saahdi Coleman v. Figueroa et al

Filing 77

ORDER DENYING Plaintiff's 74 Request for Certificate of Appealability signed by Magistrate Judge Erica P. Grosjean on 11/7/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAAHDI ABDUL COLEMAN,
Plaintiff,

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v.

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Case No. 1:15-cv-00109-AWI-EPG (PC)
ORDER DENYING PLAINTIFF’S REQUEST
FOR CERTIFICATE OF APPEALABILITY

P. FIGUEROA,

(ECF NO. 74)
Defendant.

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Saahdi Coleman (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. On November 1, 2018, Plaintiff filed

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a notice of appeal of the order dismissing his case. (ECF No. 73). On November 6, 2018,

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Plaintiff filed a request for a certificate of appealability. (ECF No. 74).

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Plaintiff does not need to request a certificate of appealability in order to file an appeal of

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the dismissal of his § 1983 action. Plaintiff has filed a notice of appeal (ECF No. 73), and his

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appeal has been processed to the United States Court of Appeals for the Ninth Circuit (ECF No.

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75).

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Accordingly, IT IS ORDERED that Plaintiff’s request for a certificate of appealability is
DENIED.

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IT IS SO ORDERED.
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Dated:

November 7, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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