Tramontana v. Paik et al

Filing 3

ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION of the Eastern District of California signed by Magistrate Judge Barbara A. McAuliffe on 7/20/2017. New Case Number 2:17-cv-01506-CMK (PC). Old Case Number 1:17-cv-00961-BAM (PC). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:17-cv-00961-BAM (PC)

TERRENCE TRAMONTANA.,

ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

v.
S. PAIK, M.D., et al.,

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Defendants.

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Plaintiff Terrence Tramontana (“Plaintiff”), a state prisoner proceeding pro se, has filed a

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civil rights action pursuant to 42 U.S.C. § 1983 on July 19, 2017. (ECF No. 1.) Plaintiff has also

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filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.)
In his complaint, Plaintiff alleges violations of his civil rights that took place in San

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Joaquin County, which is part of the Sacramento Division of the United States District Court for

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the Eastern District of California. Therefore, the complaint should have been filed in the

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Sacramento Division.
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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court may, on the court’s own motion, be transferred to the proper court. Therefore, this action

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will be transferred to the Sacramento Division. This Court will not rule on Plaintiff's request to

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proceed in forma pauperis.

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///
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Accordingly, 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 Sacramento; and
2. All future filings shall refer to the new Sacramento case number assigned and shall be
filed at:

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United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814

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3. This Court has not ruled on Plaintiff’s request to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 20, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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