Cardenas v. Allenby et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-2529 CKD PC) to Fresno (1:14-cv-1758 DLB PC) signed by Magistrate Judge Carolyn K. Delaney on 11/10/2014. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUBEN CARDENAS,

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Plaintiff,

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No. 2:14-cv-2529 CKD P

v.

ORDER

CLIFF ALLENBY, et al.,

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Defendants.

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Plaintiff, a California civil detainee proceeding pro se, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. In his complaint, plaintiff alleges violations of his civil rights

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which took place in Fresno County.1 Pursuant to Local Rule 120(f), a civil action which has not

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been commenced in the proper division of a court may, on the court’s own motion, be transferred

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to the proper division of the court.

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Good cause appearing, IT IS HEREBY ORDERED that:

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

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California sitting in Fresno; and

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It appears as though plaintiff may be challenging, in part, his civil commitment under
California’s Sexually Violent Predators Act. Plaintiff is informed that if he seeks release from
custody based upon improper commitment, he should file a petition for writ of habeas corpus
under 28 U.S.C. § 2254 in the Sacramento Division of this court (since he was ordered committed
in Sacramento County). Plaintiff cannot obtain his release through a § 1983 action.
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2. 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

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Dated: November 10, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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