Dekalb v. Marsh

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/3/10 (for case no. 2:10-cv-1427 GGH) ORDERING that the Clerk of the Court is directed to open a separate 28 U.S.C. § 2254 action for plaintiff; Assign the undersigned magistrate judge and make an appropriate adjustment in the assignment of § 2254 cases to compensate for such assignment;File and docket a copy of this order in the new separate habeas action; Place copy of the 9 petition, and a copy of this order in the additional separate file opened for this plaintiff; Send plaintiff an endorsed copy of his petition and a copy of this order both in this case and in the newly opened case.(Dillon, M)

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(HC) Dekalb v. Marsh Doc. 3 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. MARSH, et al., Defendants. / Plaintiff, a former county jail inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. 1983. The court is still awaiting plaintiff to submit a proper application to proceed in forma pauperis. Nevertheless, on July 20, 2010, plaintiff filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on the instant docket. Doc. 9. The undersigned finds it necessary for a new and separate case to be opened based on the petition for writ of habeas corpus. Once the new case is opened the undersigned will make all appropriate orders on that new docket. The civil rights case will continue on this docket. Good cause appearing, IT IS HEREBY ORDERED that: 1. The Clerk of the Court is directed to: a. Open a separate 28 U.S.C. 2254 action for plaintiff; 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES DEKALB, Plaintiff, No. CIV S-10-1427 GGH P ORDER 1 2 3 4 5 6 7 8 9 10 b. Assign the undersigned magistrate judge and make an appropriate adjustment in the assignment of 2254 cases to compensate for such assignment; c. File and docket a copy of this order in the new separate habeas action; d. Place copy of the petition, filed on July 20, 2010, (Doc. 9) and a copy of this order in the additional separate file opened for this plaintiff; e. Send plaintiff an endorsed copy of his petition and a copy of this order both in this case and in the newly opened case. DATED: August 3, 2010 /s/ Gregory G. Hollows 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 G G H : AB d e k a 1 4 2 7 .o r d GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE

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