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Lupe Nieto Jr v. Drake Hodge et al

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 23, 2012

LUPE NIETO JR.,
PLAINTIFF,
v.
DRAKE HODGE ET AL.,
DEFENDANT.

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.

20120523

© 1992-2012 VersusLaw Inc.



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