Hernandez v. Stanislaus County et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 11/21/2014 TRANSFERRING this case and the pending 2 Motion to Proceed In Forma Pauperis to Fresno Division. New Case Number 1:14-cv-1830 SAB. Old Case Number 2:14-cv-2704 GEB KJN.(Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID S. HERNANDEZ,

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Plaintiff,

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v.

No. 2:14-cv-2704-GEB-KJN PS

ORDER

STANISLAUS COUNTY, et al.,
Defendants.

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On November 18, 2014, plaintiff, who proceeds without counsel and is a resident of

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Stanislaus County, filed this action alleging federal civil rights and other violations against

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defendants, who are also alleged to be residents of Stanislaus County. (ECF No. 1.) Pursuant to

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Local Rule 120(d), “[a]ll civil and criminal actions and proceedings of every nature and kind

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cognizable in the United States District Court for the Eastern District of California arising in

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Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and

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Tuolomne counties shall be commenced in the United States District Court sitting in Fresno,

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California….” After a review of plaintiff’s complaint, the court concludes that this action arises

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in Stanislaus County, because the plaintiff and defendants are residents of Stanislaus County, and

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the underlying events allegedly occurred in Stanislaus County. In light of plaintiff’s pro se status,

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filing in the Sacramento division of the Eastern District of California was likely an inadvertent

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mistake. As such, the court directs that the action be transferred to the Fresno division. See E.D.
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Cal. L.R. 120(f) (“Whenever in any action the Court finds upon its own motion...that the action

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has not been commenced in the proper court in accordance with this Rule, or for other good

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cause, the Court may transfer the action to another venue within the District”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court shall TRANSFER the action, including the pending motion to

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proceed in forma pauperis (ECF No. 2) to the Fresno division.

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2. The Clerk of Court shall vacate all dates and close the Sacramento division case.

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IT IS SO ORDERED.

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Dated: November 21, 2014

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