Opinion
No. CV-F-04-6417 REC/WMW P.
February 7, 2006
ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY AS MOOT
Plaintiff, a state prisoner proceeding in pro per, has filed a Notice of Appeal from the dismissal of his complaint pursuant to the Americans with Disabilities Act, 42 U.S.C. 12132. Plaintiff couples the Notice of Appeal with a Motion for Certificate of Appealability.
A certificate of appealability is not a prerequisite to an appeal from the dismissal of plaintiff's complaint. Consequently, the court denies plaintiff's motion as moot.
IT IS SO ORDERED.