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