IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 22, 2009
BILLY DRIVER, PLAINTIFF,
MARTEL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. On September 16, 2009, the undersigned adopted the magistrate judge's findings and recommendations, which recommended that this action be dismissed for failure to state a claim. The Clerk of the Court duly entered judgment. On October 16, 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. See28 U.S.C. § 2253(a). The court hereby construes plaintiff's October 16, 2009 filing as a notice of appeal and orders the Clerk of the Court to process it accordingly.
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