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Driver v. Martel

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


December 22, 2009

BILLY DRIVER, PLAINTIFF,
v.
MARTEL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, 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 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.

20091222

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