(PC) Hendrix v. Foulk

Filing 14

ORDER of INTRADISRICT TRANSFER from Sacramento (2:20-cv-1479 KJN PC) to Fresno (1:20-cv-1307 JLT PC) signed by Magistrate Judge Kendall J. Newman on 9/14/2020; and plaintiff's 11 motion for an extension of time is DENIED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN HENDRIX,

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Plaintiff,

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No. 2:20-cv-1479 KJN P

v.

ORDER

F. FOULK, Warden, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed a civil rights

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action pursuant to 42 U.S.C. § 1983. On July 29, 2020, plaintiff’s complaint was dismissed with

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leave to amend. On September 3, 2020, plaintiff filed a request for extension of time to file an

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amended complaint, and also submitted an amended complaint (ECF No. 13).
Plaintiff’s amended complaint was handed to prison staff for mailing on August 27, 2020.1

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Therefore, his amended complaint was timely filed, and no extension of time is necessary. Thus,

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plaintiff’s motion is denied.

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In his amended complaint, plaintiff alleges violations of his civil rights by defendants at

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North Kern State Prison. The alleged violations took place in Kern County, which is part of the

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“[T[he Houston mailbox rule applies to § 1983 complaints filed by pro se prisoners.” Douglas
v. Noelle, 567 F.3d 1103, 1109 (9th Cir. 2009), citing Houston v. Lack, 487 U.S. 266, 275-76
(1988).
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Fresno Division of the United States District Court for the Eastern District of California. See

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Local Rule 120(d).

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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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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. Plaintiff’s motion for extension of time (ECF No. 11) is denied;

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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

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Dated: September 14, 2020

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/hend1479.22

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