Brown v. McDonald

Filing 40

ORDER signed by Magistrate Judge Dale A. Drozd on 8/20/12 DENYING as unnecessary 39 Motion for Certificate of Appealability. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

PHILLIP L. BROWN,

11

Plaintiff,

12
13

No. 2:10-cv-01720-LKK-DAD P

vs.
MIKE McDONALD,

14

Defendant.

15

ORDER
/

16

On July 9, 2012, judgment was entered and this civil rights action was closed. On

17

July 30, 2012, plaintiff filed a document styled, “Petitioner’s Application For Certificate Of

18

Appealability (COA) To District Court.” Plaintiff seeks a certificate of appealability pursuant to

19

Rule 22(b) of the Federal Rules of Appellate Procedure. Plaintiff is informed that his appeal to

20

the Ninth Circuit Court of Appeals has been processed and that a certificate of appealability is

21

not necessary to pursue on appeal in a civil rights, as opposed to a habeas corpus or 28 U.S.C. §

22

2255, action.

23

/////

24

/////

25

/////

26

/////
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s July 30, 2012 motion for

2

a certificate of appealability (Doc. No. 39) is denied as unnecessary.

3

DATED: August 20, 2012.

4
5
6

DAD:4
brow1720.coa

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2