Terry v. Hiviland et al

Filing 49

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/7/11 ORDERING that 48 Motion is VACATED and will be disregarded. (Dillon, M)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEWEY TERRY, 11 12 13 Plaintiff, No. CIV S-10-0068 MCE GGH P vs. JOHN HIVILAND, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner proceeding pro se sought relief pursuant to 42 U.S.C. § 17 1983. This case was closed on May 31, 2011. On June 21, 2011, plaintiff filed a motion for a 18 certificate of appealability. A certificate of appealability is not required for a civil rights action 19 brought pursuant to 42 U.S.C § 1983. See 28 U.S.C. § 2253. This motion is therefore vacated 20 and will be disregarded. 21 IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 48) is vacated and will 22 be disregarded. 23 DATED: October 7, 2011 24 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 25 26 GGH: AB terr0068.ord3 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?