Cassells v. King et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-2521 KJN PC) to Fresno (1:14-cv-1774 JLT PC) signed by Magistrate Judge Kendall J. Newman on 11/12/2014; this court has not ruled on plaintiff's request to proceed ifp. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY CASSELLS,

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Plaintiff,

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No. 2:14-cv-2521 KJN P

v.

ORDER

AUDREY KING, et al.,

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Defendants.

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Plaintiff is a civil detainee housed at Coalinga State Hospital, and is proceeding without

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counsel. Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request

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to proceed in forma pauperis. In his complaint, plaintiff alleges violations of his civil rights

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which took place in Fresno County,1 which is part of the Fresno Division of the United States

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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

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

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

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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 it appears
he was ordered committed by the Sacramento County Superior Court. Plaintiff cannot obtain his
release through the instant § 1983 action.
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1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s request to proceed in

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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 pauperis;

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

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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

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Dated: November 12, 2014

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/cass2521.22

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