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Aidnik v. O'Conner

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 19, 2009

JEFF AIDNIK, PLAINTIFF,
v.
O'CONNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. On June 4, 2009, the district judge assigned to this action adopted the undersigned's findings and recommendations, which recommended that this action be dismissed because plaintiff had not exhausted his administrative remedies. The Clerk of the Court duly entered judgment. On June 25, 2009, rather than filing a notice of appeal pursuant to Rule 3 of the Federal Rules of Appellate Procedure, plaintiff filed a motion for certificate of appealability pursuant to 28 U.S.C. § 2253, which applies only to habeas corpus proceedings or proceedings under 28 U.S.C. § 2255. See 28 U.S.C. § 2253(a).

IT IS HEREBY ORDERED that plaintiff's motion is denied as improper.

IT IS FURTHER ORDERED that plaintiff may, within 30 days of this order, file a notice of appeal pursuant to Rule 3 of the Federal Rules of Appellate Procedure. If no such appeal is filed within 30 days, this case will be closed.

20090819

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