Robenson v. Ellis

Full title: LOUIS ROBENSON, Plaintiff, v. DAVID ELLIS, Defendant

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Nov 16, 2009

Case No. 3:09cv365/RV/MD (N.D. Fla. Nov. 16, 2009)

Opinion

Case No. 3:09cv365/RV/MD.

November 16, 2009

ORDER

MILES DAVIS, Magistrate Judge

This cause is before the court upon plaintiff's filing a motion for a certificate of appealability. (Doc. 19). A certificate of appealability is required when an appeal is taken from a final order in a habeas corpus proceeding under 28 U.S.C. §§ 2254 or 2255. See 28 U.S.C. § 2253(c)(1). Because plaintiff is taking an appeal of a final order in a civil rights proceeding under 42 U.S.C. § 1983, he is not required to obtain a certificate of appealability. His motion will therefore be denied as unnecessary.

Accordingly, it is ORDERED:

Plaintiff's motion for certificate of appealability (doc. 19) is DENIED.

DONE AND ORDERED.