Watson v. Michigan Department of Corrections et al

Filing 40

OPINION AND ORDER denying 37 Motion for Certificate of Appealability. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID WATSON, Plaintiff, v. MICHIGAN DEPT. OF CORRECTIONS, et al. Defendants. / OPINION AND ORDER DENYING PLAINTIFF'S "MOTION FOR CERTIFICATE OF APPEALABILITY" Pending before the court is Plaintiff David Watson's "Motion for Certificate of Appealability." Plaintiff, a state inmate currently incarcerated at the Saginaw Regional Correctional Facility, filed a complaint on July 7, 2008, alleging state and federal constitutional violations under 42 U.S.C. § 1983. On April 30, 2009, the court issued an order adopting the Magistrate Judge's report and recommendation and granting all Defendants' motions to dismiss. Plaintiff subsequently filed a notice of appeal and the current motion. A certificate of appealability is required only in certain types of cases, typically habeas corpus proceedings brought pursuant to 28 U.S.C. §§ 2254 and 2255. See 28 U.S.C. § 2253(c). A certificate of appealability is not required, however, to appeal a district court order denying relief under 42 U.S.C. § 1983. Johnson v. CCA-Northeast Ohio Corr. Ctr., 21 F. App'x 330, 332 (6th Cir. 2001). Case No. 08-cv-12873

Accordingly, IT IS ORDERED that the Plaintiff's Motion for Certificate of Appealability [Dkt. #37] is DENIED. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: July 2, 2009 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, July 2, 2009, by electronic and/or ordinary mail. s/Lisa G. Wagner Case Manager and Deputy Clerk [phone]

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