Jones v. Mailroom Officials, et al.

Filing 28

ORDER Disregarding Plaintiff's Motion for Certificate of Appealability signed by Magistrate Judge Sheila K. Oberto on 2/26/2019. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GARLAND A JONES,

12

Plaintiff,

13
14

Case No. 1:17-cv-00281-LJO-SKO (PC)
ORDER DISREGARDING PLAINTIFF’S
MOTION FOR CERTIFICATE OF
APPEALABILITY

v.
MAILROOM OFFICIALS, et al.,

(Doc. 26)

15

Defendants.

16
17

This action was dismissed on January 9, 2019, with prejudice, for Plaintiff’s failure to

18

state a claim under section 1983. 28 U.S.C. § 1915A. On February 25, 2019, Plaintiff filed a

19

motion seeking the issuance of a certificate of appealability. (Doc. 26.) A certificate of

20

appealability must be obtained to appeal a decision in habeas proceedings; it has no application in

21

this civil rights case. 28 U.S.C. § 2253(c)(1)(A); Miller-El v. Cockrell, 537 U.S. 322, 335-36

22

(2003). Accordingly, Plaintiff’s motion, (Doc. 26), is DISREGARDED since unnecessary.

23
24
25
26

IT IS SO ORDERED.
Dated:

February 26, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

27
28
1

.