Mann v. Cabana

Full title: KELLY MANN, Plaintiff, v. DONALD CABANA, ET AL, Defendants

Court: United States District Court, N.D. Mississippi, Greenville Division

Date published: Dec 27, 2005

No. 4:05CV7-P-D (N.D. Miss. Dec. 27, 2005)

Opinion

No. 4:05CV7-P-D.

December 27, 2005

ORDER DENYING PLAINTIFF'S MOTION FOR CERTIFICATE OF APPEALABILITY

W. PEPPER JR., District Judge

This pro se § 1983 complaint was dismissed with prejudice on December 8, 2005. On December 19, 2005, plaintiff filed notice of appeal and a motion for a Certificate of Appealability (COA). A COA is used only in habeas corpus proceedings. See FRAP 22(b). Therefore, the motion does not apply to this 1983 case. Accordingly, the motion is denied.

SO ORDERED.