UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
April 27, 2009
NICOLAS MORAN, PLAINTIFF,
JOHN DOVEY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING PETITION FOR RELIEF FROM CAL. GOVT. CODE SECTION 945.4 FOR LACK OF JURISDICTION
Plaintiff Nicolas Moran is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 20, 2009, pursuant to California Government Code section 946.6, Plaintiff filed a petition for relief from section 945.4. The Court does not have jurisdiction to consider Plaintiff's petition, and it is HEREBY DENIED for lack of subject matter jurisdiction. Ovando v. City of Los Angeles, 92 F.Supp.2d 1011, 1022 (C.D.Cal. 2000) (question presented by 946.6 petition is different from merits of claim and, therefore, is not within federal court's subject matter jurisdiction) (citations omitted).
IT IS SO ORDERED.
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