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Lawrence v. Berry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 19, 2012
CASE NO. 1:09-cv-01936-DLB PC (E.D. Cal. Jul. 19, 2012)

Opinion

CASE NO. 1:09-cv-01936-DLB PC

07-19-2012

TANYA L. LAWRENCE, Plaintiff, v. DOCTOR BERRY, et al., Defendants.


ORDER DENYING PLAINTIFF'S

MOTIONS AS MOOT


ECF Nos. 26, 31

Plaintiff Tanya L. Lawrence ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation, proceeding pro se in this civil action. On November 30, 2011, the Court dismissed this action with prejudice. On December 15, 2011, Plaintiff filed a motion for reconsideration. On April 4, 2012, the Court denied Plaintiff's motion. On May 9, 2012, Plaintiff filed her notice of appeal. Pending before the Court are: 1) Plaintiff's motion for an extension of time to request a certificate of appealability, filed May 9, 2012, and 2) Plaintiff's motion for certificate of appealability, filed July 17, 2012.

A certificate of appealability is unnecessary when appealing a judgment for a § 1983 action, such as the one here. See 28 U.S.C. § 2253 (certificate of appealability for habeas corpus proceedings). This action is currently on appeal to the United States Court of Appeals for the Ninth Circuit. Accordingly, it is HEREBY ORDERED that Plaintiff's motions are denied as moot. IT IS SO ORDERED.

Dennis L. Beck

UNITED STATES MAGISTRATE JUDGE


Summaries of

Lawrence v. Berry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jul 19, 2012
CASE NO. 1:09-cv-01936-DLB PC (E.D. Cal. Jul. 19, 2012)
Case details for

Lawrence v. Berry

Case Details

Full title:TANYA L. LAWRENCE, Plaintiff, v. DOCTOR BERRY, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 19, 2012

Citations

CASE NO. 1:09-cv-01936-DLB PC (E.D. Cal. Jul. 19, 2012)