Lupe Nieto Jr. v. Hodge et al

Filing 28

ORDER Reclassifying Matter as a Prisoner Action, signed by Magistrate Judge Jennifer L. Thurston on 5/23/12. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUPE NIETO JR.,

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Plaintiff,

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v.
DRAKE HODGE et al.,

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Defendant.

) Case No.: 1:10-cv-01397 AWI JLT
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) ORDER RECLASSIFYING MATTER AS A
) PRISONER ACTION
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Lupe Nieto, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with a civil rights action pursuant to 42 U.S.C. § 1983 against, Drake Hodge, the sole remaining

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defendant.

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According to Local Rule 101, “Prisoner Actions” are ones in which the plaintiff is a person in

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custody who is seeking “. . . any relief authorized by 42 U.S.C. § 1981 et seq . . .” Thus, though this

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matter has been treated as a “prisoner action” since its inception, it has been classified as a “civil”

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action. As a result, routinely generated orders, such as discovery and scheduling orders, etc., have not

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yet issued.

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Therefore, the Court ORDERS this matter SHALL be reclassified as a prisoner action.

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IT IS SO ORDERED.

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Dated:

May 23, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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