Chestang v. Tatum

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/24/13 ordering the clerk of the court is directed to return to Mr. Chestang his state court petition and close this case. CASE CLOSED. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL K. CHESTANG, 12 Plaintiff, 13 14 15 v. No. 2:13-cv-2154-EFB P ORDER N. TATUM, Defendant. 16 17 Daniel K. Chestang is a state prisoner proceeding without counsel. On October 13, 2013, 18 Mr. Chestang mailed to this court, a “Petition for Order from Relie[f] from Provisions of 19 [California] Government Code 945.4,” directed to the Sacramento County Superior Court. ECF 20 No. 1. Mr. Chestang has not properly commenced a civil action in this court, see Fed. R. Civ. P. 21 3, and it appears that he mailed his state court petition to this court by mistake. 22 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to return 23 to Mr. Chestang his state court petition (ECF No. 1) and to close this case. 24 DATED: October 24, 2013. 25 26 27 28

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