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)

Download PDF
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. § § § § § § § § 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”). 1/2 Therefore, Plaintiff’s motion for a certificate of appealability is DENIED as moot. ORDERED this 17th day of May, 2017. ___________________________________ Jason B. Libby United States Magistrate Judge 2/2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?