Qualls v. Crow et al

Filing 16

ORDER denying 13 Motion for Leave to Appeal in forma pauperis and denying 14 Motion for Certificate of Appealability. Signed by Judge Edmund A. Sargus on 11/25/2024. (cmw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ERIC A. QUALLS,
Plaintiff,

Case No. 2:23-cv-3889
JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Elizabeth P. Deavers

v.
FRED W. CROW, III, et al.,
Defendants.
ORDER

This matter is before the Court on Plaintiff Eric A. Qualls’s Motion for Leave to Appeal in
forma pauperis (ECF No. 13) and Plaintiff’s Motion for Certificate of Appealability (ECF No. 14).
This Court dismissed all Mr. Qualls’s claims against Defendants (ECF No. 10) after considering
the Magistrate Judge’s Order and Report and Recommendation (ECF No. 6), recommending
dismissal, and Mr. Qualls’s objections to that Report and Recommendation (ECF No. 8). In the
same Order, this Court certified, pursuant to 28 U.S.C. § 1915(a)(3), “that any appeal of this Order
would not be taken in good faith, and Plaintiff is therefore denied leave to appeal in forma
pauperis.” (ECF No. 10, PageID 89.) Accordingly, Mr. Qualls’s Motion for Leave to Appeal in
forma pauperis is DENIED. (ECF No. 13.)
Mr. Qualls moves for a Certificate of Appealability under 28 U.S.C. § 2253. (ECF No. 14,
PageID 102.) But that Section only applies in “a habeas corpus proceeding or a proceeding under
section 2255.” 28 U.S.C. § 2253(a). Here, Mr. Qualls’s claims were brought under 42 U.S.C.
§ 1983. Accordingly, Mr. Qualls’s Motion for Certificate of Appealability (ECF No. 14) is
DENIED.
IT IS SO ORDERED.
11/25/2024
DATE

s/Edmund A. Sargus, Jr.
EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE