(PC) Rabb v. Figueroa

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMEN D. RABB, No. 1:23-cv-00843-JLT-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR CERTIFICATE OF APPEALABILITY 13 v. (ECF No. 51) 14 ESTEVEN FIGUEROA, et al., 15 Defendants. 16 17 Plaintiff is appearing pro se and in forma pauperis in this civil rights action filed pursuant 18 to 42 U.S.C. § 1983. 19 On April 17, 2024, Plaintiff filed a notice of appeal of the Court’s March 19, 2024, order 20 denying his motion for summary judgment, along with a motion for a certificate of appealability. 21 (ECF Nos. 37, 50, 51.) Plaintiff is advised that while certificates of appealability are required in 22 habeas corpus actions they are not needed in a civil rights action such as this one. See Miller-El 23 v. Cockrell, 537 U.S. 322, 335-36, (2003) (“As mandated by federal statute, a state prisoner 24 seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of 25 his petition. 28 U.S.C. § 2253. Before an appeal may be entertained, a prisoner who was denied 26 habeas relief in the district court must first seek and obtain a COA from a circuit justice or 27 judge.”); 28 U.S.C. § 2253(c)(1)(A) (noting that a COA is needed for habeas actions); Fed. R. 28 App. P. 22(b)(1) (“In a habeas corpus proceeding in which the detention complained of arises 1 | from process issued by a state court, or in a 28 U.S.C. § 2255 proceeding, the applicant cannot 2 | take an appeal unless a circuit justice or a circuit or district judge issues a certificate of 3 | appealability under 28 U.S.C. § 2253(c).”). Accordingly, Plaintiff's motion for a certificate of 4 | appealability is denied as unnecessary. 5 6 IT IS SO ORDERED. DAA (e_ 7 | Dated: _April 18, 2024 _ ef UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28