Opinion
CASE NO. 1:12-cv-00923-GBC (PC)
07-12-2012
DENNIS GERALD CLAIBORNE, Plaintiff, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.
ORDER DIRECTING CLERK OF COURT TO
REDESIGNATE CASE AS A REGULAR
CIVIL ACTION AND REASSIGN CASE
On May 21, 2012, Plaintiff Dennis Gerald Claiborne ("Plaintiff"), a prisoner proceeding pro se and in forma pauperis, filed this action as a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Doc. 1. On June 7, 2012, the United States District Court for the Eastern District of California, Sacramento Division, transferred this action to the United States District Court for the Eastern District of California, Fresno Division since Plaintiff suffered the alleged injury at Pleasant Valley State Prison, in Fresno County. Doc. 6. Upon transfer to Fresno, the case was reassigned to Magistrate Judge Gary. S. Austin, as the undersigned does not handle habeas actions. On June 26, 2012, the Court re-designated the matter as a civil rights action pursuant to 42 U.S.C. § 1983. Doc. 12.
The prior case number was 2:12-cv-01367-KJM-GGH (HC).
In Plaintiff's petition, he names a single Defendant, U.S. Department of Health and Human Services. Pet. at 1, Doc. 1. Plaintiff alleges claims of negligence, personal injury, and product liability due to receiving a shipment of bad sausage. Id. at 6. Plaintiff states he contacted Defendant U.S. Department of Health and Human Services but has not received a response. Id. Plaintiff does not name any correctional officials as defendants, and he does not allege any conduct by any officials at Pleasant Valley State Prison or California Department of Corrections and Rehabilitation. Id. at 6-8. Because Plaintiff does not directly challenge the conditions of his confinement, this action should be designated as a regular civil action. The undersigned is not on the automated assignment wheel for regular civil cases. This action should therefore be redesignated as a regular civil action and reassigned to a Magistrate Judge on the automated assignment wheel for regular civil cases.
Therefore, the Court Directs the Clerk's office to REDESIGNATE the action to a regular civil action and REASSIGN the case to a Magistrate Judge on the automated assignment wheel for regular civil cases. IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE