Woodfork v. Secretary et al

Filing 23

ORDER denying without prejudice 22 Petitioner's Motion for injunctive relief. Signed by Magistrate Judge Barbara Lynn Major on 1/7/2010. (All non-registered users served via U.S. Mail Service)(tkl)(jrl).

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 27 28 JEFFREY ANTHONY WOODFORK, ) ) ) Petitioner, v. ) ) MATTHEW CATE, Secretary of the ) California Department of ) Corrections and Rehabilitation, ) ) Respondent. ) ) ) Case No. 09cv1543-JM (BLM) ORDER DENYING PETITIONER'S MOTION FOR INJUNCTIVE RELIEF [Doc. No. 22] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding

pro se

and

in forma

pauperis, is seeking habeas relief from this Court.

His pending

petition challenges his state court conviction of receiving stolen property. Respondent has filed an answer to the petition, Petitioner

has filed a traverse, and the matter presently is under submission with the Court. On January 4, 2010, Petitioner filed a motion for injunctive relief. Doc. No. 22. Having reviewed the motion, the Court finds that it does

not address any issue presented in Petitioner's pending habeas case. However, Petitioner mentions in the motion that he also has filed a civil complaint alleging sexual harassment during an unclothed body
09cv1543-JM (BLM)

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search conducted in prison. As the instant motion for injunctive relief appears to relate to that inci dent, the Court believes Petitioner may inadvertently have filed the instant motion before this Court instead of before the court hearing the civil rights complaint. For the foregoing reasons, the motion is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. DATED: January 7, 2010

BARBARA L. MAJOR United States Magistrate Judge

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09cv1543-JM (BLM)