IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 1, 2010
COURTNEY CROSBY, PETITIONER,
T. SCHWARTZ, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On November 1, 2010, the Honorable Garland E. Burrell denied petitioner's application for a writ of habeas corpus and issued a certificate of appealability.
On November 17, 2010, petitioner filed an application for a certificate of appealability which the court construes as a notice of appeal. On November 17, 2010, petitioner filed a motion for appointment of counsel. Because this action is now on appeal, this motion should be addressed to the Ninth Circuit Court of Appeals.
Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's motion for certificate of appealability (Dkt. No. 70) is construed as a notice of appeal; the Clerk of the Court shall process petitioner's appeal;
2. Petitioner's motion for appointment of counsel (Dkt. No. 71) is disregarded.
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