Lewis v. City of Fresno et al

Filing 3

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:11-cv-2217 KJM KJN) to Fresno (1:11-cv-1415 LJO SKO) signed by Magistrate Judge Kendall J. Newman on 8/23/2011. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LEWIS,

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Plaintiff,

No. 2:11-cv-02217 KJM KJN PS

v.

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CITY OF FRESNO, et al.,

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Defendants.

ORDER
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On August 22, 2011, plaintiff filed a complaint and an application to proceed

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without preparing fees or costs, otherwise referred to as an application to proceed in forma

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pauperis.1 Plaintiff’s complaint alleges that an officer of the City of Fresno’s police department

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used excessive force on plaintiff, and further alleges that the “location of the incident was a

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Chevron Gas Station located at 4811 Butler Ave, Fresno, CA.” (Compl. at 3-4.)

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Upon review of the complaint, the undersigned concludes that plaintiff should

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have commenced this action in the Fresno Division of this court pursuant to this court’s Local

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Rule 120(d). See E. Dist. Local Rule 120(d) (“All civil and criminal actions and proceedings of

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every nature and kind cognizable in the United States District Court for the Eastern District of

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This case proceeds before the undersigned pursuant to Eastern District of California Local
Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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California arising in . . . Fresno . . . [County] shall be commenced in the United States District

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Court sitting in Fresno, California . . . .”). Accordingly, the undersigned transfers this case to this

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court’s Fresno Division pursuant to Local Rule 120(f). See E. Dist. Local Rule 120(f)

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(“Whenever in any action the Court finds upon its own motion, motion of any party, or

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stipulation that the action has not been commenced in the proper court in accordance with this

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Rule, or for other good cause, the Court may transfer the action to another venue within the

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District.”).

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

This action is transferred to the Fresno Division of the Eastern District of

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The Clerk of Court shall assign a new case number.

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3.

All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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California.

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IT IS SO ORDERED.
DATED: August 23, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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