Opinion
NO. 5:07-CV-23 (CAR).
February 12, 2007
ORDER
Plaintiff DONALD LEROY DAVIS, an inmate at Rutledge State Prison in Columbus, Georgia, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The Court dismissed his action as frivolous on January 29 2007. Plaintiff filed a notice of appeal and a application for a certificate of appealability ("COA"). However, a COA is not a statutory prerequisite to the appeal of a 42 U.S.C. § 1983 action. Therefore, plaintiff's COA is DENIED as moot.