Philpott v. King et al

Filing 5

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-2399) to Fresno (1:14-cv-1766) signed by Magistrate Judge Kendall J. Newman on 11/12/14. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN PHILPOTT, 12 Plaintiff, 13 14 No. 2:14-cv-2339 KJN P v. ORDER AUDREY KING, et al., 15 Defendants. 16 Plaintiff is a civil detainee housed at Coalinga State Hospital, and is proceeding without 17 18 counsel. Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request 19 to proceed in forma pauperis. In his complaint, plaintiff alleges violations of his civil rights 20 which took place in Fresno County,1 which is part of the Fresno Division of the United States 21 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 22 23 division of a court may, on the court’s own motion, be transferred to the proper division of the 24 court. Therefore, this action will be transferred to the Fresno Division of the court. In light of 25 1 26 27 28 It appears plaintiff may, in part, be attempting to challenge his civil commitment under California’s Sexually Violent Predators Act. However, plaintiff is informed that if he seeks release from custody based on 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 because he was ordered committed by order of the Sacramento County Superior Court. Plaintiff cannot obtain his release through the instant § 1983 action. 1 1 1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s request to proceed in 2 forma pauperis. 3 Good cause appearing, IT IS HEREBY ORDERED that: 4 1. This court has not ruled on plaintiff’s request to proceed in forma pauperis; 5 2. This action is transferred to the United States District Court for the Eastern District of 6 7 8 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 9 10 11 12 Dated: November 12, 2014 13 14 phil2339.22 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?