Benny Hernandez v. McDonald et al

Filing 3

ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION of the the Eastern District of California, signed by Magistrate Judge Dennis L. Beck on 8/30/2012. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENNY HERNANDEZ,

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1:12-cv-01413 DLB (PC)

Plaintiff,

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v.

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

MIKE MCDONALD, et al.,

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Defendants.

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/
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
U.S.C. § 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
In his complaint, plaintiff alleges violations of his civil rights by defendants. The alleged

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violations took place in Lassen County, which is part of the Sacramento Division of the United

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States District Court for the Eastern District of California. Therefore, the complaint should have

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been filed in the Sacramento Division.

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

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be transferred to the Sacramento Division. 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. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Sacramento; and

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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.

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Dated:
77e0d6

August 30, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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