UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 30, 2013
GEORGE VASQUEZ, PLAINTIFF,
STEVEN MAYBERG, ET AL.,
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER TRANSFERRING PLAINTIFF'S MOTION FOR RECONSIDERATION TO 1:06-cv-1801-BLW-LMB (ECF No. 2)
Plaintiff George Vasquez ("Plaintiff") is a civil detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.
Plaintiff initiated this action on September 21, 2012. (Compl., ECF No. 1.) On the same day, Plaintiff filed a motion for a temporary restraining order and re-issuance of a preliminary injunction. (ECF No. 2.) Plaintiff's motion was filed without a case number. Upon review, it appears that Plaintiff's motion is actually a motion for reconsideration of the Court's denial of Plaintiff's motion for a preliminary injunction in another of his actions.
Plaintiff currently has another case pending in this Court, case number 1:06-cv-1801-BLW-LMB. A preliminary injunction was requested in 1:06-cv-1801-BLW-LMB on April 16, 2012 (ECF No. 96) and an order issued on September 5, 2012 (ECF No. 102). Plaintiff's current motion alleges that a preliminary injunction should have been granted in that action. (ECF No. 2 at 1.)
It appears that Plaintiff's motion for a temporary restraining order was misfiled as part of this, Plaintiff's new action (1:12-cv-01557-AWI-MJS). It should have been filed in Plaintiff's other pending action (1:06-cv-1801-BLW-LMB).
Accordingly, the Court hereby ORDERS Plaintiff's motion for a preliminary action (ECF No. 2) to be transferred from 1:12-cv-01557-AWI-MJS to 1:06-cv-1801-BLW-LMB.
IT IS SO ORDERED.
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