(PC) Castro-Gutierrez v. Shockley

Filing 12

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/16/2021 ORDERING that the Clerk of the Court is directed to open a new case, assign the present district and magistrate judges to that case, and transfer plaintiff's habeas petition 10 and motion 11 to proceed in forma pauperis to that new case, (2:21-CV-2128 KJM DB HC). (Reader, L)

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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 HERIBERTO CASTRO-GUTIERREZ, 12 No. 2:21-cv-01391 KJM DB P Plaintiff, 13 v. 14 ORDER DORIS L. SHOCKLEY, 15 Defendant. 16 Plaintiff is a state prisoner who was proceeding pro se with a civil rights action under 17 18 42 U.S.C. § 1983. On October 24, 2021, plaintiff filed a petition for a writ of habeas corpus and a 19 motion to proceed in forma pauperis in this case.1 However, in an order filed October 13, 2021, 20 the court dismissed this case. Plaintiff was advised that his claims should be brought, if at all, in 21 a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Because the court closed the 22 present case, plaintiff must file a new action. Accordingly, the Clerk of the Court is directed to open a new case, assign the present 23 24 district and magistrate judges to that case, and transfer plaintiff’s October 24 habeas petition and 25 motion to proceed in forma pauperis to that new case. 26 ///// 27 Under the “mailbox rule,” the court considers the date a prisoner turns over his filing to prison authorities for mailing as the filing date. See Houston v. Lack, 487 U.S. 266, 270 (1988). 1 1 28 1 2 IT IS SO ORDERED. DATED: November 16, 2021. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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