UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 12, 2008
JONAS DAVID SMITH, PLAINTIFF,
GINA PUENTES, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DIRECTING THAT LOCAL RULE 78-230(M) SHALL APPLY TO THIS ACTION
Plaintiff Jonas David Smith ("Plaintiff") filed this civil rights action pursuant to 42 U.S.C. § 1983 and California tort law. The events at issue in this action occurred while Plaintiff was incarcerated at Taft Correctional Institution, a privately run federal prison. Because it is Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) which provides a remedy for violation of civil rights by federal actors, the action will be treated as one brought pursuant to Bivens rather than section 1983.
Although Plaintiff is no longer incarcerated, he resides out of state and is proceeding pro se. The Court deems it in the interest of justice and the administrative efficiency of the Court to apply Local Rule 78-230(m) to this action.
Accordingly, Local Rule 78-230(m) SHALL APPLY to this action.*fn1
IT IS SO ORDERED.