Hernandez

Johnson v. Hernandez

Good Law
United States District Court, Northern District of CaliforniaJune 25, 20204:19-cv-03936California427 words

Opinion

trial_court Opinion

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3

LEWIS W. JOHNSON,

4 Case No. 19-cv-03936-YGR (PR) Plaintiff, 5 (9th Cir. Case No. 20-16060) v. 6 ORDER REVOKING IN FORMA

PATRICIA HERNANDEZ, PAUPERIS STATUS AND DENYING

7 PENDING MOTIONS AS Defendant. UNNECESSARY 8

9 This closed federal civil rights action, which is currently on appeal, was filed by a pro se 10 state prisoner. Plaintiff has filed an application for a certificate of appealability (“COA”) and a 11 request for preparation of transcripts on appeal. Dkts. 15, 18. However, a COA formerly known 12 as a certificate of probable cause to appeal, is only required in a habeas corpus proceeding. See 28 13 U.S.C. § 2253(c). Therefore, Plaintiff’s request for a COA is DENIED as unnecessary. Dkt. 15. 14 Meanwhile, Plaintiff’s request for preparation of transcripts on appeal is more properly brought 15 directly in the Court of Appeals. Therefore, that request is DENIED without prejudice to…

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