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Woodfork v. Cate

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 7, 2010

JEFFREY ANTHONY WOODFORK, PETITIONER,
v.
MATTHEW CATE, SECRETARY OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, RESPONDENT.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER DENYING PETITIONER'S MOTION FOR INJUNCTIVE RELIEF [Doc. No. 22]

Petitioner, a state prisoner proceeding pro se and in forma pauperis, is seeking habeas relief from this Court. His pending petition challenges his state court conviction of receiving stolen property. Respondent has filed an answer to the petition, Petitioner has filed a traverse, and the matter presently is under submission with the Court.

On January 4, 2010, Petitioner filed a motion for injunctive relief. Doc. No. 22. Having reviewed the motion, the Court finds that it does not address any issue presented in Petitioner's pending habeas case. However, Petitioner mentions in the motion that he also has filed a civil complaint alleging sexual harassment during an unclothed body search conducted in prison. As the instant motion for injunctive relief appears to relate to that inci dent, the Court believes Petitioner may inadvertently have filed the instant motion before this Court instead of before the court hearing the civil rights complaint.

For the foregoing reasons, the motion is DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

20100107

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