Anderson v. Kernan et al

Filing 21

ORDER denying 17 MOTION for CERTIFICATE of APPEALABILITY filed by Hector Clarence Anderson signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HECTOR CLARENCE ANDERSON,

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Plaintiff,

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ORDER DENYING MOTION FOR
CERTIFICATE OF APPEALABILITY

v.

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Case No. 1:18-cv-00021-LJO-BAM (PC)

KERNAN, et al.,

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(ECF No. 17)
Defendants.

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Plaintiff Hector Clarence Anderson (“Plaintiff”) is a former state prisoner proceeding pro
se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On July 25, 2018, the undersigned issued findings and recommendations recommending

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dismissal of Plaintiff’s fifth amended complaint, with prejudice, for Plaintiff’s failure to state a

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claim upon which relief may be granted. (ECF No. 13.) On August 10, 2018, the assigned

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District Judge issued an order adopting the findings and recommendations in full. (ECF No. 15.)

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The Court entered judgment on the same day. (ECF No. 16.)

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On October 11, 2018, Plaintiff filed a motion for a certificate of appealability pursuant to

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Federal Rule of Appellate Procedure 22(b). (ECF No. 17.) Plaintiff is advised that while

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certificates of appealability are required in habeas corpus actions, they are not needed in a civil

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rights action pursuant to 42 U.S.C. § 1983, such as this one. If Plaintiff wishes to appeal the

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judgment in this case, he should file a notice of appeal in accordance with the Federal Rules of
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Appellate Procedure. See Fed. R. App. P. 3 & 4.
Accordingly, Plaintiff’s motion for a certificate of appealability, (ECF No. 17), is
HEREBY DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 13, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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