Linthecome v. Alfaro, et al.

Filing 26

ORDER directing Clerk's Office to re-designate action from 550 (Conditions of Confinement) to 530 (Habeas Corpus) and vacating First Informational Order re 1 , 16 , 25 signed by Magistrate Judge Sheila K. Oberto on 8/30/2017. (Attachments: # 1 Habeas Petition). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCUS L. LINTHECOME,
Plaintiff,

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v.

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ALFARO, et al.,
Defendants.

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Case No. 1:17-cv-00872-SKO (PC)
ORDER DIRECTING CLERK’S OFFICE TO
RE-DESIGNATE ACTION FROM 550
(CONDITIONS OF CONFINEMENT) TO 530
(HABEAS CORPUS) AND VACATING FIRST
INFORMATIONAL ORDER
(Docs. 1, 16, 25)

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Proceeding pro se, Plaintiff, Marcus L. Linthecome, filed a civil action on April 12, 2017.

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(Doc. 1.) Plaintiff has informed the Court that he desires to pursue this action as a writ for habeas
corpus, and not based on conditions of confinement under 42 U.S.C. § 1983.
Accordingly, the Court HEREBY ORDERS as follows:

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1.

The Clerk of the Court shall re-designate this action from 550 (conditions of

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confinement) to 530 (habeas corpus);
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2.
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The First Informational Order, filed on July 5, 2017, (Doc. 16), is VACATED;
and

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3.

The Clerk of the Court is directed to send Plaintiff a habeas petition form.

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IT IS SO ORDERED.

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Dated:

August 30, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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