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Doyle v. Pasquino

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 20, 2006

WILLIAM DOYLE, PLAINTIFF,
v.
C/O PASQUINO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Plaintiff has appealed the dismissal of this action, and now asks this Court to issue a "certificate of appealability" (Doc. 14).

Unless a circuit justice of judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from -

(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or

(B) the final order in a proceeding under section 2255.

28 U.S.C. § 2253(c)(1).

Plaintiff's civil rights action is neither a proceeding under section § 2255, nor is it a habeas corpus proceeding in which the detention complained of arises out of process issued by a state court. Consequently, no certificate of appealability is necessary for Plaintiff to perfect his appeal. FED.R.APP.P. 22(b); 28 U.S.C. § 2253(c). Accordingly, the motion is DENIED as MOOT.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20060320

© 1992-2006 VersusLaw Inc.



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