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Upton v. Schwarzenegger

United States District Court, E.D. California
Dec 22, 2010
No. 2: 10-cv-0658 KJN P (E.D. Cal. Dec. 22, 2010)

Opinion

No. 2: 10-cv-0658 KJN P.

December 22, 2010


ORDER


Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. On April 16, 2010, this action was transferred to the United States District Court for the Central District of California.

On November 17, 2010, plaintiff filed a "Motion for Relief Pursuant to 18 U.S.C. § 3771," which the Clerk of the Court docketed in the instant action. It does not appear that plaintiff intended to file this motion in the instant action. Rather, plaintiff intended to open a new action.

Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to open plaintiff's motion for relief pursuant to 18 U.S.C. § 3771 (Dkt. No. 12) as a new action; and Dkt. No. 12 filed in the instant action shall be disregarded.

DATED: December 21, 2010


Summaries of

Upton v. Schwarzenegger

United States District Court, E.D. California
Dec 22, 2010
No. 2: 10-cv-0658 KJN P (E.D. Cal. Dec. 22, 2010)
Case details for

Upton v. Schwarzenegger

Case Details

Full title:DAVID UPTON, Plaintiff, v. ARNOLD SCHWARZENEGGER, et al., Defendant

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

Date published: Dec 22, 2010

Citations

No. 2: 10-cv-0658 KJN P (E.D. Cal. Dec. 22, 2010)