(PC) Barth v. Crume et al

Filing 27

ORDER signed by Magistrate Judge Allison Claire on 1/5/2021 CONSTRUING 26 Motion for Certificate of Appealability as objections to 23 Findings and Recommendations. (Henshaw, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SHAWN DAMON BARTH, 11 Plaintiff, 12 13 No. 2:19-cv-0723 TLN AC P v. ORDER Z. CRUME, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 16 17 U.S.C. § 1983. On December 15, 2020, the undersigned filed findings and recommendations and 18 notified plaintiff that he could file objections within fourteen days. ECF No. 23. After being 19 granted an extension of time, ECF No. 25, plaintiff filed document styled as a request for a 20 certificate of appealability, ECF No. 26. It appears that the request is intended to state plaintiff’s 21 objections to the December 15, 2020 findings and recommendations, and it will be construed as 22 such. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for a certificate of 24 appealability, ECF No. 26, is construed as objections to the December 15, 2020 findings and 25 recommendations. 26 DATED: January 5, 2021 27 28 1

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