Dupree v. Mills et al

Filing 4

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSE DUPREE, JR.,

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Plaintiff,

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No. CIV S-11-1936 GGH P

vs.
MISTY MILLS, et al.,

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Defendants.

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ORDER
/

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. In his complaint,

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plaintiff alleges violations of his civil rights by defendants. The alleged violations took place in

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Kings County, which is part of the Fresno Division of the United States District Court for the

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Eastern District of California. See Local Rule 120(d).

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in

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the proper division of a court may, on the court’s own motion, be transferred to the proper

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division of the court. Therefore, this action will be transferred to the Fresno Division of the

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court. In light of 1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s

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request to proceed in forma pauperis.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This court has not ruled on plaintiff’s request to proceed in forma pauperis1;

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2. This action is transferred to the United States District Court for the Eastern

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District of California sitting in Fresno; and

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3. All future filings shall reference the new Fresno case number assigned 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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DATED: August 23, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:mp

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dupr1936.22

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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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