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Rivera v. Clark

United States District Court, M.D. Florida, Orlando Division
Aug 30, 2006
Case No. 6:00-cv-852-Orl-19JGG (M.D. Fla. Aug. 30, 2006)

Opinion

Case No. 6:00-cv-852-Orl-19JGG.

August 30, 2006


ORDER


Plaintiff, an inmate of the Florida penal system proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc. No. 1), and the case was subsequently transferred to the Jacksonville Division (Doc. No. 4). Plaintiff filed a motion to reopen the case (Doc. No. 17), which was denied (Doc. No. 18). Plaintiff was also advised that any further filing in this case must be filed in the Jacksonville Division under case number 3:00-cv-744-J-16C. Plaintiff has filed an appeal of that Order (Doc. No. 19). In addition, Plaintiff filed an application for a certificate of appealability.

An application for a certificate of appealability is required in an appeal of a "final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court" or an appeal of a final order in a § 2255 proceeding. 28 U.S.C. § 2253(c)(1). Since this case is a civil rights case, an application for a certificate of appealability is not required. According, it is ORDERED: Plaintiff's Request for a Certificate of Appealability (Doc. No. 20, filed August 18, 2006) is DENIED.

DONE AND ORDERED.


Summaries of

Rivera v. Clark

United States District Court, M.D. Florida, Orlando Division
Aug 30, 2006
Case No. 6:00-cv-852-Orl-19JGG (M.D. Fla. Aug. 30, 2006)
Case details for

Rivera v. Clark

Case Details

Full title:VINCENT FAUSTINO RIVERA, Plaintiff, v. MAJOR CLARK, et al., Defendants

Court:United States District Court, M.D. Florida, Orlando Division

Date published: Aug 30, 2006

Citations

Case No. 6:00-cv-852-Orl-19JGG (M.D. Fla. Aug. 30, 2006)