Duncan v. Groaning, et al

Filing 14

ORDER finding as moot 7 Motion for Certificate of Appealability. Signed by Judge Michael J. Reagan on 10/20/08. (eed)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JAMES PAUL DUNCAN, Plaintiff, vs. DONALD D. GAERTZ, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL NO. 02-cv-345-MJR APPEAL NO. 08-3627

MEMORANDUM AND ORDER REAGAN, District Judge: This case was closed for six years, and then Plaintiff filed a motion challenging the continued garnishment of his account to pay the $150 filing fee pursuant to 28 U.S.C. § 1915(b). That motion was denied (Doc. 6), and now Plaintiff has filed a notice of appeal, accompanied by a motion for issuance of a certificate of appealability (Doc. 7). Plaintiff's civil rights action is neither a proceeding under section § 2255, nor is it a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court. Consequently, no certificate of appealability is necessary for him to perfect his appeal. FED.R.APP.P. 22(b); 28 U.S.C. § 2253(c). Accordingly, the instant motion is DENIED as MOOT. IT IS SO ORDERED. DATED this 20th day of October, 2008. s/ Michael J. Reagan MICHAEL J. REAGAN United States District Judge