Svete v. Warden

Full title: DAVID W. SVETE, Plaintiff, v. WARDEN, Defendant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jan 28, 2015

1:15-cv-00098 BAM (PC) (E.D. Cal. Jan. 28, 2015)

Opinion

DAVID W. SVETE, Plaintiff, v. WARDEN, Defendant. No. 1:15-cv-00098 BAM (PC) United States District Court, Eastern District of California January 28, 2015

          ORDER DIRECTING CLERK OF COURT TO FILE COMPLAINT AS MOTION IN PENDING HABEAS ACTION AND ADMINISTRATIVELY CLOSE THIS ACTION

          BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE

         Plaintiff is a federal prisoner proceeding pro se. Review of the docket reveals that this matter should not have been opened as a separate civil rights action pursuant to 42 U.S.C. § 1983. The underlying complaint is a motion seeking a stay of his pending habeas action, Svete v. Doe, 1:14-cv-02091-LJO-JLT, and should have been filed in that action. Accordingly, the Clerk of the Court shall file the complaint (ECF No. 1) as a motion in the pending habeas action, 1:14-cv-02091-LJO-JLT, and administratively close this section 1983 action. IT IS SO ORDERED.