Jerald Leroy Davis v. Department of Corrections

Appellant, a state prisoner, appeals from the dismissal of his civil rights action. He challenged the constitutionality of a part of California’s parole revocation procedure pursuant to which his parole was revoked and his sentence re-fixed to life imprisonment.

We reject appellee’s contention that appellant’s appeal is untimely. Although the district court dismissed the action on April 13, 1970, judgment was not entered until July 13, 1970. Within 30 days after entry of judgment, appellant filed a motion for a certificate of probable cause. There is no provision for such a motion in a civil rights case. The motion was denied. He thereafter filed a notice of appeal. We treat the defective motion for a certificate of probable cause as a notice of appeal. That motion clearly indicated appellant’s wish to appeal the dismissal of his case. This court has not insisted upon procedural niceties in the form in which notices of appeal are cast. (E. g., Curtis Gallery & Library, Inc. v. United States (9th Cir. 1967) 388 F.2d 358 ; Poe v. Gladden (9th Cir. 1961) 287 F.2d 249 ; Yanow v. Weyerhaeuser S. S. Co. (9th Cir. 1958) 274 F.2d 274 , cert. denied (1960) 362 U.S. 919 , 80 S.Ct. 671 , 4…