UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 23, 2012
LUPE NIETO JR.,
DRAKE HODGE ET AL.,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER RECLASSIFYING MATTER AS A PRISONER ACTION
Lupe Nieto, Jr. ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983 against, Drake Hodge, the sole remaining defendant.
According to Local Rule 101, "Prisoner Actions" are ones in which the plaintiff is a person in custody who is seeking ". . . any relief authorized by 42 U.S.C. § 1981 et seq . . ." Thus, though this matter has been treated as a "prisoner action" since its inception, it has been classified as a "civil" action. As a result, routinely generated orders, such as discovery and scheduling orders, etc., have not yet issued.
Therefore, the Court ORDERS this matter SHALL be reclassified as a prisoner action.
IT IS SO ORDERED.
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