Harvey Elvin Welch v. Donald Fritz Judge De Croat Madera County Department of Corrections, Harvey Elvin Welch v. United States Department of the Army Special Court Martial

909 F.2d 1330 Harvey Elvin WELCH, Plaintiff-Appellant, v. Donald FRITZ; Judge De Croat; Madera County Department of Corrections, Defendants-Appellees. Harvey Elvin WELCH, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the ARMY; Special Court Martial, Defendants-Appellees. Nos. 89-15113, 89-15209. United States Court of Appeals, Ninth Circuit. Submitted May 23, 1990. * Decided July 27, 1990. As Amended Aug. 31, 1990. Harvey Elvin Welch, Visalia, Cal., pro se. No appearance for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before MERRILL, KILKENNY and THOMPSON, Circuit Judges. KILKENNY, Senior Circuit Judge: 1 Welch filed a federal civil rights action under 42 U.S.C. Sec. 1983 on June 2, 1986, which the district court dismissed on February 13, 1987. On November 2, 1988, Welch filed both a motion to reconsider the above dismissal and a petition for a writ of habeas corpus under 28 U.S.C. Sec. 2254 . The district court dismissed the latter on December 20, 1988, but before it could rule on the pending motion to reconsider, Welch filed what purported to be a joint notice of appeal on January 10, 1989. We ordered the two…