Johnson v. California Department of Corrections and Rehabilitation et al

Filing 33

ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/14 ORDERING that plaintiffs requests (ECF Nos. 28 , 30 ) are DENIED.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSHAY JOHNSON,

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No. 2:13-cv-1730 KJM KJN P

Plaintiff,
v.

ORDER

J. JOHNSTON, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant

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to 42 U.S.C. § 1983. On July 31, 2014, plaintiff’s second amended complaint was dismissed with

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prejudice, and judgment was entered. On August 18, 2014, and September 5, 2014, plaintiff filed

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requests that the court issue a certificate of appealability pursuant to 28 U.S.C. § 2253.

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However, § 2253 governs appeals brought in applications for writ of habeas corpus

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brought pursuant to 28 U.S.C. §§ 2254 or 2255. 28 U.S.C. § 2253. “In a habeas corpus

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proceeding or a proceeding under section 2255 before a district judge, the final order shall be

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subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is

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held.” 28 U.S.C. § 2253(a).

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Here, plaintiff filed a civil rights action under 42 U.S.C. § 1983; thus, no certificate of

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appealability is required. Moreover, plaintiff’s appeal has been processed to the Court of Appeals

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for the Ninth Circuit. Thus, no further filings are required or appropriate in this closed action.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s requests (ECF Nos. 28, 30) are

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denied.

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Dated: September 10, 2014

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john1730.coad

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