(PS)Schultz v. Kern County
Filing
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ORDER signed by Magistrate Judge Allison Claire on 5/31/2022; WITHDRAWING 5 Findings and Recommendations; TRANSFERRING this action to the Fresno division. All future filings should reference case number 1:22-cv-0646-JLT-BAM (PS). (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SUSAN MARIE SHULTZ,
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Plaintiff,
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v.
No. 2:22-cv-00397 KJM AC (PS)
ORDER
KERN COUNTY, et al,
Defendants.
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Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the
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undersigned by E.D. Cal. 302(c)(21). Plaintiff filed a request for leave to proceed in forma
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pauperis (“IFP”), and has submitted the affidavit required by that statute. See 28 U.S.C.
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§ 1915(a)(1). The undersigned granted the motion to proceed IFP, but rejected plaintiff’s initial
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complaint on screening and invited her to file an amended complaint. ECF No. 3. Plaintiff failed
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to file a timely amended complaint and failed to respond to a subsequent order to show cause, and
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so the undersigned recommended that the case be dismissed for failure to prosecute. ECF No. 5.
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On May 23, 2022, plaintiff belatedly filed a first amended complaint (ECF No. 6) and a second
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motion to proceed IFP (ECF No. 7). Considering plaintiff’s pro se status, the court will
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WITHDRAW the findings and recommendations to dismiss for failure to prosecute (ECF No. 5).
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It has also come to the court’s attention that this case has been filed in the incorrect
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division of the Eastern District of California. In her complaint, plaintiff alleges violations of her
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civil rights by defendants. The alleged violations took place in Kern County and all defendants
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are located in Kern County, which is part of the Fresno Division of the United States District
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Court for the Eastern District of California. See Local Rule 120(d). Pursuant to Local Rule
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120(f), a civil action which has not been commenced in the proper division of a court may, on the
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court’s own motion, be transferred to the proper division of the court. Therefore, this action will
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be transferred to the Fresno Division of the court.
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. The Findings and Recommendations at ECF No. 5 are WITHDRAWN;
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2. This action is transferred to the United States District Court for the Eastern District of
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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
DATED: May 31, 2022
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