Shumye v. Felleke

Filing 210

ORDER DENYING PLAINTIFF'S REQUEST FOR CERTIFICATE OF APPEALABILITY. Signed by Judge Maxine M. Chesney on September 22, 2008. (mmclc1, COURT STAFF) (Filed on 9/22/2008)

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 REBECCA T. SHUMYE, v. Plaintiff, No. C-06-3322 MMC ORDER DENYING PLAINTIFF'S REQUEST FOR CERTIFICATE OF APPEALABILITY / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAMUEL D. FELLEKE, Defendant

The Court is in receipt of plaintiff's "Request for Cirtificate [sic] of Appealability," filed September 17, 2008. Having read and considered the request, the Court rules as follows. The Court construes plaintiff's request as a motion, pursuant to 28 U.S.C. § 1292(b), to certify for interlocutory appeal the Court's order of April 4, 2008, issued by the Honorable Martin J. Jenkins and titled "Order: (1) Granting in Part and Denying in Part Defendant's Motion for Summary Judgment [and] (2) Denying Plaintiff's Motion for Summary Judgment." So construed, the request lacks merit. First, on April 22, 2008, the Court denied plaintiff's application to certify for interlocutory appeal the April 4, 2008 order; plaintiff fails to identify any cognizable ground for reconsideration of the April 22, 2008 denial. Second, plaintiff has, again, failed to show that the April 4, 2008 order is appropriate for certification for interlocutory appeal; plaintiff's disagreement with the April 4, 2008 interlocutory order is insufficient. Accordingly, plaintiff's request is hereby DENIED. IT IS SO ORDERED. Dated: September 22, 2008 MAXINE M. CHESNEY United States District Judge