Cirilo A Trujillo v. United States Government

Filing 5

ORDER (1) Dismissing Case without Prejudice, (2) Directing Clerk to File Documents in the Pending Criminal Matter, signed by Magistrate Judge Michael J. Seng on 5/17/13. Any and all documents received for filing in 1:13-cv-00648-MJS (PC) shall instead be filed in the pending criminal proceeding, 1:12-cr-00303-AWI-BAM-1. CASE CLOSED. (Verduzco, M)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

CIRILO ALMAZEN TRUJILLO,
Plaintiff,

11
12
13

1:13-cv-00648-MJS (PC)
1:12-cr-00303-AWI-BAM-1
ORDER (1) DISMISSING CASE WITHOUT
PREJUDICE (2) DIRECTING CLERK TO
FILE DOCUMENTS IN THE PENDING
CRIMINAL MATTER

vs.
UNITED STATES GOVERNMENT,
Defendant.

14

CLERK TO CLOSE CASE
/

15
16
17

Plaintiff Cirilo A. Trujillo, a California State prisoner proceeding pro se, initiated this

18

action in the United States District Court for the Central District of California by lodging a

19

Notice and Demand for Trial. (ECF No. 1-1.) The action was transferred to this Court on

20

April 18, 2013 and opened as a civil rights action. (ECF No. 2.)

21

Plaintiff is currently in state custody at the California Institution for Men in Chino.

22

There are federal criminal charges pending against him in this Court in USA v. Trujillo,

23

1:12-cr-00303-AWI-BAM-1. He demands that he be brought before this Court for trial on

24

the charges.

25

It appears Plaintiff intended his Notice and Demand be filed in the above criminal

26

matter. The Notice and Demand does not appear to claim or state a federal rights violation

27

for which relief is available under 42 U.S.C. § 1983. Accordingly, the instant civil rights

28

action shall be dismissed without prejudice.
-1-

1

For the reasons stated above it is HEREBY ORDERED that:

2

1.

The instant action, 1:13-cv-00648-MJS (PC), is DISMISSED WITHOUT

3

PREJUDICE, the Clerk of the Court shall terminate all pending motions

4

therein and close the case;
2.

5

The Clerk of the Court is directed to file the Notice and Demand for Trial filed

6

in the instant action (ECF No. 1-1) in the pending criminal proceeding, 1:12-

7

cr-00303-AWI-BAM-1;
3.

8

The Clerk of the Court is directed that any and all documents received for
filing in 1:13-cv-00648-MJS (PC) shall instead be filed in the pending criminal

9

proceeding, 1:12-cr-00303-AWI-BAM-1; and

10
4.

11

The Clerk of the Court is directed to file this Order in both 1:13-cv-00648-MJS
(PC) and 1:12-cr-00303-AWI-BAM-1.

12
13
14
15
16
17

IT IS SO ORDERED.

18

Dated:
ci4d6

May 17, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

19
20
21
22
23
24
25
26
27
28
-2-