Opinion
CIVIL ACTION NO. 5:11-CV-107(MTT)
12-20-2012
KYLE RICHARD BISHOP, III, Plaintiff, v. WARDEN GREGORY MCLAUGHLIN, JOHN HILL, et al., Defendants.
ORDER
Before the Court is the Plaintiff's Motion for Certificate of Appealability. (Doc. 72). The Plaintiff brought § 1983 First Amendment claims against the Defendants, and his complaint was dismissed because the Plaintiff lacked standing due to his failure to show an actual injury. (Doc. 69). Following the dismissal, the Plaintiff filed a Notice of Appeal (Doc. 71) and the present Motion for a Certificate of Appealability (Doc. 72). However, a Certificate of Appealability is not a prerequisite to the appeal of a § 1983 action. Therefore, the Plaintiff's Motion is DENIED as moot.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT