Dupree v. Mills et al
ORDER of INTRADISTRICT TRANSFER from Sacramento (2:11-cv-1936 GGH) to Fresno (1:11-cv-1416 GSA) signed by Magistrate Judge Gregory G. Hollows on 8/23/11. (Dillon, M)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RICHARD JOSE DUPREE, JR.,
No. CIV S-11-1936 GGH P
MISTY MILLS, et al.,
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. In his complaint,
plaintiff alleges violations of his civil rights by defendants. The alleged violations took place in
Kings County, which is part of the Fresno Division of the United States District Court for the
Eastern District of California. See Local Rule 120(d).
Pursuant to Local Rule 120(f), a civil action which has not been commenced in
the proper division of a court may, on the court’s own motion, be transferred to the proper
division of the court. Therefore, this action will be transferred to the Fresno Division of the
court. In light of 1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s
request to proceed in forma pauperis.
Good cause appearing, IT IS HEREBY ORDERED that:
1. This court has not ruled on plaintiff’s request to proceed in forma pauperis1;
2. This action is transferred to the United States District Court for the Eastern
District of California sitting in Fresno; and
3. All future filings shall reference the new Fresno case number assigned and
shall be filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
DATED: August 23, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
The court notes that on July 28, 2011, plaintiff received his third strike under the PLRA
28 U.S.C. § 1915(g). See Civ No. 11-1700 WBS KJN P, Doc. 11. Plaintiff has filed 22 actions
since October 2010.
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