Broussard v. Beard, et al

Filing 13

ORDER GRANTING MOTION FOR RECONSIDERATION; ORDER TO RE-OPEN; ORDER OF TRANSFER by Judge Lucy H. Koh granting 11 Motion for Reconsideration (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 9/26/2013)[Transferred from cand on 9/27/2013.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CURLEY JOHN BROUSSARD, JR.,

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Plaintiff,
v.
JEFFREY BEARD, et al.,
Defendants.

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No. C 13-2717 LHK (PR)
ORDER GRANTING MOTION
FOR RECONSIDERATION;
ORDER TO RE-OPEN; ORDER
OF TRANSFER

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On June 13, 2013, plaintiff, a California state prisoner proceeding pro se, filed a letter,

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which initiated this action and was construed as a civil rights complaint pursuant to 42 U.S.C.

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§ 1983. That same day, the court notified plaintiff that he was required to file a complaint as

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well as the filing fee or a completed application for leave to proceed in forma pauperis (“IFP”).

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On July 12, 2013, plaintiff filed a complaint. On July 26, 2013, having received no filing fee or

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application to proceed IFP, the court dismissed this action without prejudice.

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On August 7, 2013, plaintiff filed a motion for leave to proceed IFP. On August 12,

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2013, plaintiff filed a motion for reconsideration of the court’s order of dismissal. Although the

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motion for reconsideration is difficult to understand, plaintiff ultimately – albeit untimely – filed

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a complete motion for leave to proceed IFP. Thus, the court GRANTS plaintiff’s motion for

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reconsideration and RE-OPENS this action.

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However, a review of plaintiff’s complaint reveals that at least one of the acts of which
plaintiff complains occurred at Corcoran State Prison, and one of the named defendants is

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Order Granting Motion for Reconsideration; Order to Re-Open; Order of Transfer
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employed at Corcoran State Prison.1 Corcoran State Prison is located in the Eastern District of

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California. Therefore, venue properly lies in the Eastern District. See 28 U.S.C. § 1391(b).

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Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern

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District of California. See 28 U.S.C. § 1406(a). The Clerk shall terminate all pending motions

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and transfer the entire file to the Eastern District of California.

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IT IS SO ORDERED.
DATED:

9/25/13
LUCY H. KOH
United States District Judge

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Plaintiff also names as defendants federal magistrate and district court judges from the
Eastern District of California and the Central District of California.
Order Granting Motion for Reconsideration; Order to Re-Open; Order of Transfer
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