Mitchell v. Duffy et al

Filing 45

ORDER signed by Magistrate Judge Allison Claire on 08/07/19 ORDERING that plaintiffs request for a certificate of appealability 44 is construed as a notice of appeal of the June 11, 2019 Order and Judgment 42 , 43 ), and the Clerk of the Court is directed to update the docket accordingly. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL MITCHELL,

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No. 2:16-cv-0703 JAM AC P

Plaintiff,
v.

ORDER

BRIAN DUFFY, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a request for a certificate of appealability related to the court’s Order and

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Judgment filed June 11, 2019. ECF No. 44. Plaintiff does not require a certificate of

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appealability to appeal a judgment in a civil case, and the request for a certificate of appealability

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will be construed as a notice of appeal of the June 11, 2019 Order and Judgment.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a certificate of

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appealability (ECF No. 44) is construed as a notice of appeal of the June 11, 2019 Order and

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Judgment (ECF Nos. 42, 43), and the Clerk of the Court is directed to update the docket

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accordingly.

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DATED: August 7, 2019

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