Evans v. Myers et al

Filing 2

ORDER OF INTRADISTRICT TRANSFER signed by Magistrate Judge Kendall J. Newman on 4/18/17 from Sacramento Case Number 2:17-mc-00059 WBS KJN (PS) to Fresno(1:17-mc-00023 DAD SAB)(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSH EVANS,

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No. 2:17-mc-0059-WBS-KJN PS
Plaintiff,

v.

ORDER

AQSEPTENCE GROUP, et al.,

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Defendants.

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Plaintiff Josh Evans, proceeding without counsel, commenced this miscellaneous action

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on April 12, 2017, in the Sacramento division of this district. (ECF No. 1.) It is unclear exactly

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what the nature of this miscellaneous action is. As far as the court can tell, plaintiff Josh Evans,

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purportedly acting as a sworn public official representing the State of California, commenced this

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action to file a “memorandum of adjudicatory determination” as to some type of dispute between

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a claimant named Timothy James Myers and defendant debtors Aqseptence Group, Mike

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Mehmert, and Cambria Breitkreutz.

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As an initial matter, the court has significant concerns regarding whether plaintiff has

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standing to bring this action and whether the court has subject matter jurisdiction over the action.

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However, the memorandum alleges that both plaintiff Josh Evans and the underlying claimant,

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Timothy Myers, are residents of Bakersfield, California in Kern County. In turn, the defendants
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are either residents of Bakersfield, California; Minnesota; or Colorado. Thus, the action, if it can

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be properly brought in federal court, should have been commenced in the Fresno division of this

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district. See E.D. Cal. L.R. 120(d). As such, transfer of the action to the Fresno division is

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appropriate. E.D. Cal. L.R. 120(f). This court leaves it to the court in the Fresno division to

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make any further determinations it deems necessary concerning the potential issues with standing

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and subject matter jurisdiction.

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Accordingly, IT IS HEREBY ORDERED that:

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1. This action is TRANSFERRED to the Fresno division of this district.

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2. The Clerk of Court shall close this case in the Sacramento division.

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Dated: April 18, 2017

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