Upton v. Schwarzenegger et al

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 12/21/10 ORDERING that Clerk is directed to open 12 Motion as a new action; and Dkt. No. 12 filed in the instant action shall be disregarded. (See new case no. 2:10-cv-3419 DAD) (Dillon, M)

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(PC) Upton v. Schwarzenegger et al Doc. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. ARNOLD SCHWARZENEGGER, et al., Defendant. / Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. 1983. On April 16, 2010, this action was transferred to the United States District Court for the Central District of California. On November 17, 2010, plaintiff filed a "Motion for Relief Pursuant to 18 U.S.C. 3771," which the Clerk of the Court docketed in the instant action. It does not appear that plaintiff intended to file this motion in the instant action. Rather, plaintiff intended to open a new action. //// //// //// //// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID UPTON, Plaintiff, No. 2: 10-cv-0658 KJN P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 up658.ord Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to open plaintiff's motion for relief pursuant to 18 U.S.C. 3771 (Dkt. No. 12) as a new action; and Dkt. No. 12 filed in the instant action shall be disregarded. DATED: December 21, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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