Robinson v. Runnels

Filing 68

ORDER signed by Magistrate Judge Dale A. Drozd on 02/22/10 denying 66 Motion for Certificate of Appealability. (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. D.L. RUNNELS, Defendant. / Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On October 16, 2009, the assigned district judge dismissed this action without prejudice due to plaintiff's failure to exhaust administrative remedies. Pending before the court is plaintiff's motion for a certificate of appealability. Plaintiff is advised that the requirements for a certificate of appealability apply to claims for habeas corpus relief. Plaintiff does not need a certificate of appealability to appeal from the dismissal of his civil rights action brought under § 1983. ///// ///// ///// ///// 1 ORDER A.C. ROBINSON, Plaintiff, No. CIV S-05-0342 JAM DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAD:9 robi0342.coa

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for a certificate of appealability (Doc. No. 66) is denied as unnecessary. DATED: February 22, 2010.

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