Marshall v. Estep et al
Filing
57
ORDER denying 51 Motion for Certificate of Appealability by Eric Marshall, by Judge Philip A. Brimmer on 04/16/10.(bjrsl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00105-PAB-BNB ERIC MARSHALL, Plaintiff, v.
KEVIN ESTEP, Defendant.
MINUTE ORDER Entered by Judge Philip A. Brimmer This matter is before the Court on the "Motion: Requesting an Appealability Under 2253" (Doc. No. 51) filed by Plaintiff on March 25, 2010. A certificate of appealability under 28 U.S.C. § 2253 is required in an appeal of a habeas action. The instant action is a civil complaint that was filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Plaintiff's Motion, therefore, is DENIED as unnecessary. Dated: April 16, 2010
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