Bettencourt v. McCabe, et al.

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:17-cv-0888 DB PC) to Fresno (1:17-cv-0646 SAB PC) signed by Magistrate Judge Deborah Barnes on 5/8/2017; this court has not ruled on plaintiff's request to proceed ifp.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY RAY BETTENCOURT, 12 13 14 No. 2:17-cv-0888 DB P Plaintiff, v. BRIAN McCABE, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983, together with a request to proceed in forma pauperis. In his complaint, plaintiff 19 alleges violations of his civil rights by defendants. The alleged violations took place in Merced 20 County, which is part of the Fresno Division of the United States District Court for the Eastern 21 District of California. See Local Rule 120(d). 22 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 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 1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s request to proceed in 26 forma pauperis. 27 Good cause appearing, IT IS HEREBY ORDERED that: 28 1. This court has not ruled on plaintiff’s request to proceed in forma pauperis; 1 1 2 3 4 5 6 2. This action is transferred to the United States District Court for the Eastern District of 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 7 8 DATED: May 8, 2017 9 10 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 DLB:9 DLB1/prisoner-civil rights/bett0888.22 24 25 26 27 28 2

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