Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID SAMPSON HUNTER, No. 2:19-cv-2340-KJM-DB Plaintiff, v. ORDER SCOTT JONES, Defendant. 16 On May 5, 2020, this court adopted the magistrate judge’s findings and recommendations and dismissed plaintiff’s § 1983 claims. ECF No. 16. Movant has filed a notice of appeal, ECF No. 19, and a motion for a certificate of appealability, ECF No. 18.1 Plaintiff does not need a certificate of appealability to appeal this case. The certificate of appealability requirement only applies to claims for habeas corpus relief arising under 28 U.S.C. § 2254 or § 2255. See Fed. R. App. P. 22(b); see also Hulihan v. Reg’l Transp. Comm’n of S. Nevada, No. 2:09-CV-01096-ECR, 2012 WL 3135681, at *1 (D. Nev. Aug. 1, 2012); Dalluge v. U.S. Dep’t of Justice, No. C11–5037RBL, 2011 WL 1675407, at *1 (W.D. Wash. May 4, 2011) (“As this case was brought pursuant to 42 U. S.C. § 1983, there is no requirement for a certificate of…