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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GEORGE VASQUEZ, CASE No. 1:12-cv-01557-AWI-MJS (PC) 10 Plaintiff, 11 12 ORDER TRANSFERRING PLAINTIFF’S MOTION FOR RECONSIDERATION TO 1:06cv-1801-BLW-LMB v. 13 STEVEN MAYBERG, et al., 14 15 (ECF No. 2) Defendants. / 16 17 Plaintiff George Vasquez (“Plaintiff”) is a civil detainee proceeding pro se in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 19 Plaintiff initiated this action on September 21, 2012. (Compl., ECF No. 1.) On the 20 same day, Plaintiff filed a motion for a temporary restraining order and re-issuance of a 21 22 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. 25 26 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, 27 -1- 1 2012 (ECF No. 96) and an order issued on September 5, 2012 (ECF No. 102). Plaintiff’s 2 3 current motion alleges that a preliminary injunction should have been granted in that action. (ECF No. 2 at 1.) 4 It appears that Plaintiff’s motion for a temporary restraining order was misfiled as part 5 6 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). 8 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. 10 11 12 IT IS SO ORDERED. 13 Dated: 14 il0i0d January 30, 2013 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 -2-

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