Opinion
1:22-cv-00116-ADA-EPG (PC)
01-19-2023
MANUEL BURRUEL, III, Plaintiff, v. ROB BONTA, Defendant.
ORDER DENYING PLAINTIFF'S MOTION FOR CERTIFICATE OF APPEALABILITY
(ECF No. 25)
Manuel Burruel, III (“Plaintiff”), is a civil detainee proceeding pro se and in forma pauperis with this action. On January 17, 2023, Plaintiff filed a notice of appeal of the order dismissing his case. (ECF No. 24). On that same day, Plaintiff filed a motion for a certificate of appealability. (ECF No. 25).
Plaintiff does not need to request a certificate of appealability in order to file an appeal of the dismissal of this action, which is not a habeas corpus proceeding. Plaintiff has filed a notice of appeal (ECF No. 24), and his appeal has been processed to the United States Court of Appeals for the Ninth Circuit (ECF No. 26).
“Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from-- (A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or (B) the final order in a proceeding under section 2255.” 28 U.S.C. § 2253(c)(1)(A)-(B).
Accordingly, IT IS ORDERED that Plaintiff's motion for a certificate of appealability is DENIED.
IT IS SO ORDERED.