Carter v. Yahoo Holdings, Inc.

Filing 91

ORDER by Judge Kandis A. Westmore denying 90 Motion for Certificate of Appealability. (kawlc2S, COURT STAFF) (Filed on 1/4/2019) (Additional attachment(s) added on 1/4/2019: # 1 Certificate/Proof of Service) (dtmS, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

BRIAN K. CARTER,
Plaintiff,

8
9

ORDER DENYING MOTION FOR A
CERTIFICATE OF APPEALABILITY

v.

10

OATH HOLDINGS INC.,

11

United States District Court
Northern District of California

Case No. 17-cv-07086-KAW

Defendant.

Re: Dkt. No. 90

12
13

On November 5, 2018, the Court granted Defendant’s motion to dismiss the case with

14

prejudice and entered judgment against Plaintiff. (Dkt. Nos. 86, 87.) Plaintiff subsequently filed

15

an appeal. (Dkt. No. 89.) On December 26, 2018, Plaintiff filed a motion for a certificate of

16

appealability. (Dkt. No. 90.)

17

Plaintiff’s motion is DENIED. A certificate of appealability is required “when a habeas

18

corpus petitioner seeks to initiate an appeal of the dismissal of a habeas corpus petition after April

19

24, 1996 . . . .” Slack v. McDaniel, 529 U.S. 473, 478 (2000). As this case is a trademark

20

infringement case, not a habeas petition, no certificate of appealability is required.

21
22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated: January 4, 2019
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge