IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 20, 2011
PATRICK A. MARTINEZ, PLAINTIFF,
T. VIRGA ET AL., DEFENDANTS.
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.