Frank v. Macomber et al

Filing 44

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/16 DENYING without prejudice to refiling in the Ninth Circuit Court of Appeals 42 Motion to Appoint Counsel. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WARREN FRANK, JR.,

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Plaintiff,

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No. 2:15-cv-2133 KJM CKD P

v.

ORDER

JEFF MACOMBER, et al.,

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Defendants.

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Plaintiff has filed a motion for the appointment of counsel. Since judgment has been

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entered in this case, and plaintiff has filed a notice of appeal, plaintiff’s motion (ECF No. 42) is

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hereby denied without prejudice to refiling in the Ninth Circuit Court of Appeals.1

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Dated: September 28, 2016

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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frank2133.ca

1

Also, plaintiff has filed an “application for a certificate of appealability.” While obtaining a
certificate of appealability is a prerequisite for bringing an appeal in a federal habeas corpus
action, see 28 U.S.C. § 2253, there is no such requirement for bringing an appeal in a 42 U.S.C. §
1983 action such as this.