(PS) Lietzke v. Greyhound Lines, Inc.

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/18 ORDERING that this action is TRANSFERRED to the Southern Division of the United States District Court for the Northern District of Alabama pursuant to 28 U.S.C. 1406(a) or, in the alternative, 28 U.S.C. 1404(a). The Clerk of Court shall close this case. (Kaminski, H) [Transferred from California Eastern on 11/8/2018.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BILL LIETZKE,

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No. 2:18-cv-2734-MCE-KJN PS
Plaintiff,

v.
GREYHOUND LINES, INC.,

ORDER

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Defendant.

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Plaintiff Bill Lietzke, proceeding without counsel, commenced the instant action on

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October 10, 2018. (ECF No. 1.) However, plaintiff’s complaint is identical to a complaint

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plaintiff previously filed against Greyhound Lines, Inc. in this district. See Lietzke v. Greyhound

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Lines Inc., 2:18-cv-2392-TLN-CKD, ECF No. 1. On October 3, 2018, another judge of this

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court, after performing a venue analysis, transferred that action to the Northern District of

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Alabama pursuant to 28 U.S.C. § 1406(a) or, in the alternative, 28 U.S.C. § 1404(a). Id., ECF

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No. 3. It thus appears that the filing of the instant action is merely an improper attempt to refile

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that prior action in this district. Therefore, the court likewise transfers this action to the Northern

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District of Alabama, which may decide, in its discretion, to consolidate the actions or dismiss this

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later-filed action as duplicative.
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Plaintiff is hereby CAUTIONED that if he again attempts to refile the same action in this
district, monetary sanctions will be imposed.

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Accordingly, IT IS ORDERED that:

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1. This action is TRANSFERRED to the Southern Division of the United States District

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Court for the Northern District of Alabama pursuant to 28 U.S.C. § 1406(a) or, in the

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alternative, 28 U.S.C. § 1404(a).

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2. The Clerk of Court shall close this case.
Dated: November 8, 2018

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