Richard Paiva, as successor to Joseph Morris, individually and on behalf of all others similarly situated v. Wayne Salisbury, in his capacity as the Director of the State of Rhode Island Department of Corrections, as successor to Anthony Travisono

Summary

The court denies pro se class member Joseph W. Shepard’s motion for a certificate of appealability under 28 U.S.C. § 2253 because the underlying civil action is not a habeas corpus proceeding. The order explains that any objection to a magistrate judge’s nondispositive ruling must comply with the District of Rhode Island’s local procedures and deadlines.

Holdings

1. A certificate of appealability under 28 U.S.C. § 2253 is available only in a habeas corpus proceeding; because this case is not a habeas proceeding, the motion for a certificate of appealability was denied.
2. If Shepard intended the motion to challenge a ruling entered under a referral pursuant to 28 U.S.C. § 636(b)(1)(A), he may file a clearly labeled objection under D.R.I. Local Rule Cv 72(c), subject to that rule's filing deadlines and requirements.

Questions Presented

1. Whether a certificate of appealability under 28 U.S.C. § 2253 is available in this non-habeas civil action.
2. Whether Shepard's filing could instead be treated as an objection to a magistrate judge's nondispositive ruling.

Disposition

other