Garza v. California Senators et al
Filing
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ORDER DISREGARDING Plaintiff's 8 Motion for Certificate of Appealability signed by Magistrate Judge Barbara A. McAuliffe on 5/1/2019. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAUL GARZA,
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Plaintiff,
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v.
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CALIFORNIA SENATORS,
CALIFORNIA HOUSE OF
REPRESENTATIVES and BARACK
OBAMA,
Case No. 1:17-cv-01388-LJO-BAM
ORDER REGARDING PLAINTIFF’S
MOTION FOR CERTIFICATE OF
APPEALABILITY
(Doc. No. 8)
Defendants.
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Plaintiff Raul Garza (“Plaintiff”), a state prisoner appearing pro se and in forma pauperis,
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filed this civil rights action on October 16, 2017, challenging the implementation of “Obamacare”
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as threatening his First Amendment right to free speech. (Doc. No. 1.) On June 4, 2018, the Court
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dismissed this action, with prejudice, due to Plaintiff’s failure to state a cognizable claim. (Doc.
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No. 6.) Judgment was entered on June 4, 2018. (Doc. No. 7.) On April 25, 2019, Plaintiff filed a
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motion for certificate of appealability. (Doc. No. 8.)
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The Federal Rules of Appellate Procedure require applicants in habeas corpus proceedings
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to obtain a certificate of appealability before an appeal may be taken. Fed. R. App. P. 22(b); 28
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U.S.C. § 2255. As this is a civil rights action and not a habeas corpus proceeding, this procedure
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is not applicable here. See id. Accordingly, Plaintiff’s motion for certificate of appealability (Doc.
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No. 8) is hereby disregarded.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
May 1, 2019
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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