Harrison v. Sample

Filing 46

ORDER: Plaintiff's request for a certificte of appealability is denied as unneccessary 42 . Plaintiff's motion for appointment of counsel is denied because judgment has already been entered against him 43 . This denial is without preju dice to him filing such a motion in the USCA for the Ninth Circuit. All further motions should be filed in the Ninth Circuit. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 10/1/2008) (Additional attachment(s) added on 10/7/2008: # 1 cs) (ys, COURT STAFF).

1 2 3 4 5 6 7 8 9 MARCUS L. HARRISON, 10 Plaintiff, v. OFFICER J. SAMPLE, Defendant. / 11
For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 07-959 SI (pr) ORDER

United United States District Court

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Plaintiff's request for a certificate of appealability is DENIED as unnecessary. (Docket # 42.) Certificates of appealability are only required for habeas actions, which this civil rights action is not. Plaintiff's motion for appointment of counsel is DENIED because judgment has already been entered against him. (Docket # 43.) This denial is without prejudice to him filing such a motion in the U.S. Court of Appeals for the Ninth Circuit. All further motions should be filed in the Ninth Circuit. IT IS SO ORDERED. Dated: October 1, 2008 _______________________ SUSAN ILLSTON United States District Judge