Fisher

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

9 JAMES GRZESLO, 1:21-cv-01371-JLT-EPG (PC) Plaintiff, ORDER DENYING APPLICATION FOR

CERTIFICATE OF APPEALABILITY AS

v. UNNECESSARY (ECF No. 72)

B. SUAZO,

14 Defendant. 15 16 Plaintiff James Grzelso is a state prisoner proceeding pro se and in forma pauperis in this 17 civil rights action pursuant to 42 U.S.C. § 1983. On August 21, 2023, the presiding District Judge 18 dismissed this case without prejudice for Plaintiff’s failure to comply with court orders and to 19 prosecute this case. (ECF No. 68). 20 On September 7, 2023, Plaintiff filed a notice of appeal. (ECF No. 70). Additionally, he 21 filed an application for a certificate of appealability (COA), which is now before the Court. (ECF 22 No. 72). The Court will deny the application as unnecessary because a COA is not needed for this 23 civil rights action filed under § 1983. Rather, a COA is required for habeas actions. Miller-El v. Cockrell, 537 U.S. 322, 335-36, (2003) (“As mandated by federal…