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Patrick A. Martinez v. T. Virga et al

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 20, 2011

PATRICK A. MARTINEZ, PLAINTIFF,
v.
T. VIRGA ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. On April 11, 2011, plaintiff filed a motion for a restraining order and no other documents. Upon receipt of plaintiff's motion, the court opened this case and assigned plaintiff a new case number. However, upon review of court files, it appears that this action was opened as a new case in error and that the Clerk of the Court should have filed plaintiff's motion for a restraining order in already pending Case No. CIV S-11-0942 KJN P.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk of the Court is directed to re-file plaintiff's motion for a restraining order (Doc. No. 1) in Case No. CIV S-11-0942 KJN P; and

2. The Clerk of the Court is directed to close this action.


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