Citation Codes Equivalent Citations citation codes Docket Number Case Nos. 04-C-0792, 05-C-0009. Judges William C. Griesbach Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts Judiciary And Judicial Procedure — Fees And Costs — Procedure — Proceedings In Forma Pauperis See more information ... Smart Summary Please sign up to generate summary. LARRY RAY HOLMAN, Plaintiff, v. ELSA HORN, et al., Defendants. LARRY RAY HOLMAN, Plaintiff, ORDER WILLIAM GRIESBACH, District Judge Plaintiff Larry Ray Holman has filed a notice of appeal of the court's Decision and Order of September 22, 2005, and the resulting judgment. He has also filed a "Motion for Issuance of Certification of Probable Cause for Appeal" (Docket #164). Although a certificate of appealability is required for an appeal from the denial of a petition for habeas corpus under 28 U.S.C. § 2254, there is no requirement for a certificate for probable cause in order to appeal from a dismissal of prisoner § 1983 case. Plaintiff is apparently confused. In order to appeal his § 1983 case, however, plaintiff is required either to pay the full filing fee for the appeal or seek leave to proceed on appeal in forma pauperis. See 28 U.S.C. § 1915. To obtain leave to appeal without prepayment of the filing fee, plaintiff must submit both an affidavit, including a statement of assets showing that he is unable to pay the filing fee, and "a certified copy of his trust account statement (or the institutional equivalent) for the 6-month period immediately preceding the filing of the . . . notice of appeal." Plaintiff has submitted neither. Accordingly, plaintiff's motion is DENIED. SO ORDERED.