Palmer v. Cain et al

Filing 19

ORDER denying 18 Motion for Certificate of Appealability. Signed by District Judge Debra M. Brown on 6/5/2024. (jla)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION RICHARD PALMER PLAINTIFF V. NO. 3:23-CV-420-DMB-JMV BURL CAIN, et al. DEFENDANTS ORDER On April 18, 2024, this Court dismissed with prejudice Richard Palmer’s 42 U.S.C. § 1983 claims alleging Eighth Amendment violations for the denial and delay of medical care, and entered judgment accordingly. Docs. #15, #16. On May 22, 2024, Palmer filed a pro se motion requesting “a certificate of appealability to appeal to the Fifth (5th) Circuit Court ….” Doc. #18 at PageID 75. Because a certificate of appealability is only required for habeas cases filed under 28 U.S.C. § 2254 1 or 28 U.S.C. § 2255 2 and is not required to appeal cases filed pursuant to 42 U.S.C. § 1983, Palmer’s motion for a certificate of appealability [18] is DENIED. SO ORDERED, this 5th day of June, 2024. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE 1 Rule 11(a) of the Rules Governing Section 2254 Cases in the United States District Courts. Rule 11(a) of the Rules Governing Section 2255 Proceedings for the United States District Courts; see 28 U.S.C. § 2253(c)(1)(B) (“Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a proceeding under section 2255.”). 2

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