Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Glenn F. Kelley, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:04-cv-00103-SRB-ECV Document 74 Filed 01/08/2007 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Rodney Allen Kelley, Plaintiff, vs.

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No. CV 04-0103-PHX-SRB (ECV) ORDER

Plaintiff has filed a "Motion for Certificate of Appealability" (Doc. #73) to challenge this court's order (Doc. #68) filed on November 9, 2006. Contrary to Plaintiff's

understanding, a certificate of appeal to a circuit court of appeals is not necessary to appeal the referenced order. A party may seek review of a magistrate judge's order by filing a motion under 28 U.S.C. § 636(b)(1)(A) and asking the assigned district court judge to review the order. Plaintiff's motion will therefore be denied. IT IS THEREFORE ORDERED: That Plaintiff's "Motion for Certificate of Appealability" (Doc. #73) is DENIED. DATED this 8th day of January, 2007.