Schaffer v. County of Alameda et al
Filing
121
ORDER RE: ROBERT ANDERSON'S REQUEST FOR ISSUANCE OF CERTIFICATE OF APPEALABILITY. Anderson's request for issuance of a certificate of appealability is denied as unnecessary. Signed by Judge Maxine M. Chesney on April 17, 2009. (mmclc1, COURT STAFF) (Filed on 4/17/2009)
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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
DANIEL SCHAFFER, Plaintiff v. COUNTY OF ALAMEDA, et al., Defendants /
No. 06-0310 MMC ORDER RE: ROBERT ANDERSON'S REQUEST FOR ISSUANCE OF CERTIFICATE OF APPEALABILITY
By order filed March 17, 2009, the Court denied claimant Robert Anderson's ("Anderson") motion to approve a late claim in the above-titled class action. On April 13, 2009, Anderson filed a notice of appeal from the March 17, 2009 order. Also, on April 13, 2009, Anderson filed a "Motion: Request for Issuance of Certificate of Appealability." Issuance of a certificate of appealability is mandatory before a party may appeal an order denying a petition for a writ of habeas corpus. See 28 U.S.C. § 2253(c). The instant action, however, is a class action arising under 42 U.S.C. § 1983, and Anderson can proceed on appeal without need of a certificate of appealability. Accordingly, Anderson's request for issuance of a certificate of appealability is hereby DENIED as unnecessary. IT IS SO ORDERED.
Dated: April 17, 2009
MAXINE M. CHESNEY United States District Judge
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