(PC) Burruel v. Bonta

Filing 27

ORDER DENYING 25 Plaintiff's Motion for Certificate of Appealability, signed by Magistrate Judge Erica P. Grosjean on 01/19/2023. (Maldonado, C)

Case 1:22-cv-00116-ADA-EPG Document 27 Filed 01/19/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL BURRUEL, III,

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Plaintiff,

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v.

Case No. 1:22-cv-00116-ADA-EPG (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR CERTIFICATE OF APPEALABILITY
(ECF No. 25)

ROB BONTA,
Defendant.

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Manuel Burruel, III (“Plaintiff”), is a civil detainee proceeding pro se and in forma

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pauperis with this action. On January 17, 2023, Plaintiff filed a notice of appeal of the order

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dismissing his case. (ECF No. 24). On that same day, Plaintiff filed a motion for a certificate of

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appealability. (ECF No. 25).

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Plaintiff does not need to request a certificate of appealability in order to file an appeal of

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the dismissal of this action, which is not a habeas corpus proceeding.1 Plaintiff has filed a notice

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of appeal (ECF No. 24), and his appeal has been processed to the United States Court of Appeals

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for the Ninth Circuit (ECF No. 26).

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“Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the
court of appeals from-- (A) the final order in a habeas corpus proceeding in which the detention complained of arises
out of process issued by a State court; or (B) the final order in a proceeding under section 2255.” 28 U.S.C. §
2253(c)(1)(A)-(B).

Case 1:22-cv-00116-ADA-EPG Document 27 Filed 01/19/23 Page 2 of 2

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Accordingly, IT IS ORDERED that Plaintiff’s motion for a certificate of appealability is
DENIED.
IT IS SO ORDERED.

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Dated:

January 19, 2023

/s/
UNITED STATES MAGISTRATE JUDGE

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