(PC) Williams v. Newsom et al

Filing 85

ORDER signed by Magistrate Judge Jeremy D. Peterson on 09/14/22 DENYING 67 Application for a certificate of appealability. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENNY WILLIAMS,

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Plaintiff,
v.

Case No. 2:19-cv-02229-KJM-JDP (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR AN APPLICATION FOR
CERTIFICATION OF APPEALABILITY

GAVIN NEWSOME, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought

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under 42 U.S.C. § 1983. Plaintiff has filed a motion seeking an application for certification of

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appealability. ECF No. 67. Plaintiff’s motion is denied as unnecessary because his case does not

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require a certificate of appealability. The requirement for a certificate of appealability only

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applies to claims for habeas corpus relief arising under 28 U.S.C. § 2254 or § 2255. See Fed. R.

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App. P. 22(b); see also Jenkins v. Caplan, No. C 02-5603 RMW (PR), 2010 WL 3057410, at *1

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(N.D. Cal. Aug. 2, 2010) (“[A] Certificate of Appealability is inapplicable to a § 1983 action.”);

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Moore v. Hindmarch, No. CV 09-1461-PHX-GMS (JRI), 2010 WL 3283567, at *1 (D. Ariz.

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Aug. 18, 2010) (“[A] certificate of appealability is not required to appeal the dismissal and entry

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of judgment in a pro se civil rights action brought pursuant to 42 U.S.C. § 1983.”).

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IT IS SO ORDERED.

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Dated:
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September 14, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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