Gilbert v. Herbert et al
Filing
85
ORDER denying 82 Motion for Certificate of Appealability signed by Magistrate Judge Craig M. Kellison on 11/21/11. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRED WAYNE GILBERT,
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No. CIV S-09-0209-MCE-CMK-P
Plaintiff,
vs.
ORDER
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SUSAN HUBBARD, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, brought this civil rights action
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pursuant to 42 U.S.C. § 1983. Final judgment was entered on October 27, 2011, and plaintiff’s
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notice of appeal has been processed to the Ninth Circuit Court of Appeals. Pending before the
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court is plaintiff’s motion for a certificate of appealability (Doc. 82). Plaintiff’s motion is denied
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because a certificate of appealability is unnecessary to appeal a final judgment in a § 1983 action.
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IT IS SO ORDERED.
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DATED: November 21, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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