Deontray Thomas v. Melendez et al

Filing 5

ORDER Directing the Clerk's Office to Administratively Re-Designate this Action as a Pro Se 440 Civil Action and Reassign this Case to Magistrate Judge Jennifer L. Thurston and a District Judge, signed by Magistrate Judge Gary S. Austin on 12/1/16. Case assigned to Chief Judge Lawrence J. O'Neill and Magistrate Judge Jennifer L. Thurston for all further proceedings. New Case Number: 1:16-cv-01759-LJO-JLT.(Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEONTRY THOMAS,

1:16-cv-1759 GSA PC

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Plaintiff,

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v.

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DANNI MELENDEZ and JAIME
OROZCO,

ORDER DIRECTING THE CLERK’S
OFFICE TO ADMINISTRATIVELY REDESIGNATE THIS ACTION AS A PRO SE
440 CIVIL ACTION AND REASSIGN THIS
CASE TO MAGISTRATE JUDGE
JENNIFER L. THURSTON AND A
DISTRICT COURT JUDGE

Defendants

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This civil rights action was filed on November 21, 2016, by Plaintiff Deontry Thomas, a
state prisoner at the Kern County Jail. (Doc. 1). Although this case has been designated as a 550
Prisoner Civil Rights Case, a review of the complaint reveals that Plaintiff is challenging the
legality of his arrest that occurred on August 11, 2016, in Bakersfield, California rather than the
conditions of his confinement while in prison. Additionally, Plaintiff has named two Bakersfield
police officers as Defendants. Therefore, the Clerk of the Court is directed to:
1. Re-designate this case as a pro se 440 civil action; and
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2. Reassign this action to the Honorable Jennifer L. Thurston as the Magistrate
Judge and assign a district court judge.

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Plaintiff is advised that until a district court judge is assigned, the new case number is
1:16-cv-1759 JLT. All future pleadings shall be so numbered. A failure to use the correct case
number my result in a delay in your documents being received by the correct judicial officer.
IT IS SO ORDERED.
Dated:

December 1, 2016

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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