Smith v. Franklin et al

Filing 18

ORDER denying 17 Motion for Certificate of Appealability. Signed by Magistrate Judge Christine Noland on 9/23/2010. (CMM, )

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Smith v. Franklin et al Doc. 18 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERIC SMITH (#132195) VERSUS SGT. ROBERT FRANKLIN, ET AL. ORDER This matter comes before the Court on the plaintiff's motion for a certificate of appealability, rec.doc.no. 17. is not necessary for the plaintiff to However, inasmuch as it a certificate of NO. 10-0138-RET-CN CIVIL ACTION obtain appealability when perfecting an appeal from a judgment entered in a nonhabeas proceeding brought pursuant to 42 U.S.C. § 1983, IT IS ORDERED that the plaintiff's motion for a certificate of appealability, rec.doc.no. 17, be and it is hereby DENIED. Signed in chambers in Baton Rouge, Louisiana, September 23, 2010. MAGISTRATE JUDGE CHRISTINE NOLAND Dockets.Justia.com

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