George N. Allen v. Mayberg et al
Filing
123
ORDER transferring Plaintiff's Motion for reconsideration filed in case 1:12-cv-01557-AWI-MJS-PC signed by Magistrate Judge Michael J. Seng on 1/30/2013. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GEORGE VASQUEZ,
CASE No. 1:12-cv-01557-AWI-MJS (PC)
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Plaintiff,
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ORDER TRANSFERRING PLAINTIFF’S
MOTION FOR RECONSIDERATION TO 1:06cv-1801-BLW-LMB
v.
13 STEVEN MAYBERG, et al.,
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(ECF No. 2)
Defendants.
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Plaintiff George Vasquez (“Plaintiff”) is a civil detainee proceeding pro se in this civil
18 rights action pursuant to 42 U.S.C. § 1983.
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Plaintiff initiated this action on September 21, 2012. (Compl., ECF No. 1.) On the
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same day, Plaintiff filed a motion for a temporary restraining order and re-issuance of a
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preliminary injunction. (ECF No. 2.) Plaintiff’s motion was filed without a case number.
23 Upon review, it appears that Plaintiff’s motion is actually a motion for reconsideration of the
24 Court’s denial of Plaintiff’s motion for a preliminary injunction in another of his actions.
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Plaintiff currently has another case pending in this Court, case number 1:06-cv-1801BLW-LMB. A preliminary injunction was requested in 1:06-cv-1801-BLW-LMB on April 16,
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1 2012 (ECF No. 96) and an order issued on September 5, 2012 (ECF No. 102). Plaintiff’s
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current motion alleges that a preliminary injunction should have been granted in that action.
(ECF No. 2 at 1.)
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It appears that Plaintiff’s motion for a temporary restraining order was misfiled as part
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of this, Plaintiff’s new action (1:12-cv-01557-AWI-MJS). It should have been filed in
7 Plaintiff’s other pending action (1:06-cv-1801-BLW-LMB).
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Accordingly, the Court hereby ORDERS Plaintiff’s motion for a preliminary action
9 (ECF No. 2) to be transferred from 1:12-cv-01557-AWI-MJS to 1:06-cv-1801-BLW-LMB.
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IT IS SO ORDERED.
13 Dated:
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January 30, 2013
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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