Garza v. News Broadcasting Centers et al

Filing 14

ORDER on Plaintiff's 13 Motion for Certificate of Appealability, signed by Magistrate Judge Sheila K. Oberto on 4/30/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1:17-cv-01389-DAD-SKO (PC)

RAUL GARZA,
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Plaintiff,

ORDER ON PLAINTIFF’S MOTION FOR
CERTIFICATE OF APPEALABILITY

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v.
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(Doc. 13)

NEWS BROADCASTING CENTERS, et al.,
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Defendants.
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Plaintiff, Raul Garza, is a state prisoner proceeding pro se and in forma pauperis in this
civil rights action pursuant to 42 U.S.C. § 1983. This action was dismissed with prejudice on
January 31, 2018, based on Plaintiff’s failure to state a cognizable claim. 28 U.S.C. § 1915A.
Over a year later, on April 25, 2019, Plaintiff filed a motion seeking the issuance of a certificate
of appealability. (Doc. 13.) Plaintiff’s motion is unnecessary.

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A certificate of appealability must be obtained to appeal a decision in a habeas
proceeding; it has no application in this civil rights case. 28 U.S.C. § 2253(c)(1)(A); Miller-El v.
Cockrell, 537 U.S. 322, 335-36 (2003). The Court notes that Plaintiff did not file a notice of
appeal in this action, and the time for doing so lapsed in 2018. See Fed. R. App. Pro. 4.
Accordingly, Plaintiff’s motion, (Doc. 13), is hereby DISREGARDED.

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IT IS SO ORDERED.
Dated:

April 30, 2019

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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