Fuller v. Maryowi et al

Filing 46

ORDER by Judge Ronald M. Whyte Denying 20 Motion for Certificate of Appealability; Denying 21 Motion to Appoint Counsel. (jg, COURT STAFF) (Filed on 11/30/2010)

Fuller v. Maryowi et al

Doc. 46

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA *E-FILED - 11/30/10*

KENNETH ADRIAN FULLER, Plaintiff, v. WILLIAM MARYOWI, et al., Defendants.

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No. C 10-2546 RMW (PR) ORDER DENYING PLAINTIFF'S MOTION FOR CERTIFICATE OF APPEALABILITY; DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL

Plaintiff Kenneth Adrian Fuller, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On August 17, 2010, the court ordered a partial dismissal of claims against most defendants except for: Ortiz, Dipman, Sonora County Probation Department, Shanahan, Hutson, Frei, McKinnis and Daily. On September 2, 2010, plaintiff filed a "Motion for Certificate of Appealability under Federal Rule 60(b) . . ." Because the court's August 17, 2010 order was not a "final" order, see Fed. R. Civ. P. 54(b), and a Certificate of Appealability is inapplicable to a § 1983 action, plaintiff's motion for a certificate of appealability is DENIED. This order terminates docket nos. 21 and 22. IT IS SO ORDERED. 11/30/10 DATED: _________________

RONALD M. WHYTE United States District Judge

Order Denying Plaintiff's Motion for Certificate of Appealability; Denying Plaintiff's Motion for Appointment of Counsel P:\PRO-SE\SJ.Rmw\CR.10\Fuller546DenyCOA-Atty.wpd

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