Villarreal v. Pigott et al

Filing 18

ORDER denying 12 Motion for Certificate of Appealability; Denying Application to Proceed Without Prepayment of Fees on Appeal. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DAVID VILLARREAL,
Case Number: 2:17-CV-12469
HON. VICTORIA A. ROBERTS

Plaintiff,
v.
BILL J. PIGOTT, ET AL.,
Defendants.
/

ORDER DENYING PLAINTIFF’S MOTION FOR
CERTIFICATE OF APPEALABILITY AND APPLICATION
TO PROCEED WITHOUT PREPAYMENT OF FEES ON APPEAL
Plaintiff David Villarreal, a Michigan state prisoner, filed a complaint under 42
U.S.C. § 1983, challenging the revocation of his parole. On October 23, 2017, the Court
dismissed the complaint without prejudice. Now before the Court are Plaintiff’s Motion
for Certificate of Appealability and Application for Leave to Proceed Without
Prepayment of Fees on Appeal.
Under the Antiterrorism and Effective Death Penalty Act of 1996, a certificate of
appealability is required to appeal a judgment in a habeas corpus action where the
detention complained of arises out of a state court process. 28 U.S.C. § 2253(c)(1). A
certificate of appealability is not required to appeal from an order denying relief in a §
1983 action. Johnson v. CCA-Northeast Ohio Correctional Center, 21 Fed. App’x 330,
332 (6th Cir. 2001). Therefore, the Court shall deny the Motion for Certificate of

Appealability as unnecessary.
“An appeal may not be taken in forma pauperis if the trial court certifies in writing
that it is not taken in good faith.” 28 U.S.C. § 1915(a)(3). For the same reasons the Court
concluded that the complaint should be summarily dismissed, the Court concludes that an
appeal would not be taken in good faith.
The Court DENIES Plaintiff’s Motion for Certificate of Appealability (ECF No.
12) and Application to Proceed Without Prepayment of Fees on Appeal (ECF No. 15).
SO ORDERED.
S/Victoria A. Roberts
VICTORIA A. ROBERTS
UNITED STATES DISTRICT JUDGE
DATED: May 17, 2018

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