Sierra v. Farrell et al

Filing 32

ORDER denying as moot 29 Motion for Certificate of Appealability.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
CORY SIERRA,
Plaintiff,
VS.
TRENTIN D FARRELL, et al,
Defendants.

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May 17, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:15-CV-459

ORDER
This civil rights action was filed by Cory Sierra, a Texas state prisoner pursuant to
42 U.S.C. § 1983. On December 30, 2016, Plaintiff’s claims against his criminal defense
lawyers, the district attorney, and the state district trial judge in his state criminal case
were dismissed on screening for failure to state a claim and/or as frivolous pursuant to 28
U.S.C. §§ 1915(e)(2)(B) and 1915A(b)(1). (D.E. 28).
Pending is Plaintiff’s motion for a certificate of appealability. (D.E. 29). A
certificate of appealability is not required in a civil rights cause of action filed pursuant to
42 U.S.C. § 1983. A certificate of appealability is an order applicable in a habeas
proceeding brought pursuant to 28 U.S.C. § 2254. See Rule 11, Rules Governing Section
2254 Cases; See e.g. Hagopian v. Smith, 2006 WL 3690905 at *1 (E.D. Mich. Dec. 12,
2006) (“A certificate of appealability is not required to appeal from an order denying
relief in a § 1983 action”).

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Therefore, Plaintiff’s motion for a certificate of appealability is DENIED as
moot.
ORDERED this 17th day of May, 2017.
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Jason B. Libby
United States Magistrate Judge

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