David E. Svete v. Warden

Filing 3

ORDER DIRECTING Clerk of Court to File Complaint as Motion in Pending Habeas Action and Administratively Close this Action; ORDERED to File this complaint 1 as a motion in the pending Habeas Action, 1:14-cv-2091 LJO-JLT HC, signed by Magistrate Judge Barbara A. McAuliffe on 01/28/2015. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID W. SVETE,

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Plaintiff,
v.
WARDEN,

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1:15-cv-00098 BAM (PC)
ORDER DIRECTING CLERK OF COURT TO
FILE COMPLAINT AS MOTION IN PENDING
HABEAS ACTION AND
ADMINISTRATIVELY CLOSE THIS ACTION

Defendant.

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Plaintiff is a federal prisoner proceeding pro se. Review of the docket reveals that this

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matter should not have been opened as a separate civil rights action pursuant to 42 U.S.C. § 1983.

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The underlying complaint is a motion seeking a stay of his pending habeas action, Svete v. Doe,

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1:14-cv-02091-LJO-JLT, and should have been filed in that action. Accordingly, the Clerk of the

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Court shall file the complaint (ECF No. 1) as a motion in the pending habeas action, 1:14-cv-

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02091-LJO-JLT, and administratively close this section 1983 action.
IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 28, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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