Opinion
CASE NO. 1:10-cv-00763-SKO PC
08-21-2011
DIANE REIMERS, Plaintiff, v. CDCR, et al., Defendants.
ORDER DENYING REQUEST FOR ISSUANCE OF CERTIFICATE OF APPEALABILITY AS UNNECESSARY
(Doc. 23)
Plaintiff Diane Reimers, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on April 22, 2010. On July 11, 2011, the Court dismissed the action, with prejudice, for failure to state a claim and entered judgment. On August 12, 2011, Plaintiff filed a notice of appeal and a request for the issuance of a certificate of appealability. Fed. R. App. P. 22(b).
The requirement that a certificate of appealability be obtained in order to appeal applies to state habeas corpus proceedings and 28 U.S.C. § 2255 proceedings. Plaintiff is not required to obtain a certificate of appealability in this action and her request is therefore DENIED.
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE