Negrete v. Adams et al
Filing
21
ORDER signed by Magistrate Judge Sandra M. Snyder on 3/1/2010. IT IS HEREBY ORDERED That Plaintiff's 15 Application is DENIED. (Bradley, A)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff Salvador Nicola Negrete, II ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On June 12, 2009, Plaintiff filed an "application for certificate of appealability" pursuant to Federal Rule of Appellate Procedure 22. (Doc. #15.) Federal Rule of Appellate Procedure 22 only applies to habeas corpus proceedings. It is not necessary to receive a certificate of appealability in a section 1983 action. The Court notes that Plaintiff's appeal was denied by the Ninth Circuit on September 16, 2009. (Doc. #19.) Accordingly, it is HEREBY ORDERED that Plaintiff's application is DENIED. IT IS SO ORDERED. Dated: icido3 March 1, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE v. DERRAL G. ADAMS, et al., Defendants. / SALVADOR NICOLA NEGRETE, II, Plaintiff, CASE NO. 1:08-cv-01284-YNP PC ORDER (Doc. 15)
UNITED STATES DISTRICT COURT
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