Newsom

(PC) Williams v. Newsom

Good Law
United States District Court, Eastern District of CaliforniaSeptember 15, 20222:19-cv-02229California267 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENNY WILLIAMS, Case No. 2:19-cv-02229-KJM-JDP (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR AN APPLICATION FOR

v. CERTIFICATION OF APPEALABILITY GAVIN NEWSOME, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff has filed a motion seeking an application for certification of appealability. ECF No. 67. Plaintiff’s motion is denied as unnecessary because his case does not require a certificate of appealability. The requirement for a certificate of appealability 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 Jenkins v. Caplan, No. C 02-5603 RMW (PR), 2010 WL 3057410, at *1 (N.D. Cal. Aug. 2, 2010) (“[A] Certificate of Appealability is inapplicable to a § 1983 action.”); Moore v. Hindmarch, No. CV 09-1461-PHX-GMS (JRI), 2010 WL…

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