Garza v. California Senators et al

Filing 9

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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