Figueroa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMEN D. RABB, No. 1:23-cv-00843-JLT-SAB (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR CERTIFICATE OF APPEALABILITY

13 v. (ECF No. 51) 14 ESTEVEN FIGUEROA, et al., 15 Defendants. 16 17 Plaintiff is appearing pro se and in forma pauperis in this civil rights action filed pursuant 18 to 42 U.S.C. § 1983. 19 On April 17, 2024, Plaintiff filed a notice of appeal of the Court’s March 19, 2024, order 20 denying his motion for summary judgment, along with a motion for a certificate of appealability. 21 (ECF Nos. 37, 50, 51.) Plaintiff is advised that while certificates of appealability are required in 22 habeas corpus actions they are not needed in a civil rights action such as this one. See Miller-El 23 v. Cockrell, 537 U.S. 322, 335-36, (2003) (“As mandated by federal statute, a state prisoner 24 seeking a writ of habeas corpus has no absolute entitlement to appeal a district court's denial of 25 his petition. 28 U.S.C. § 2253. Before an appeal may be…