Candler v. Carter

Filing 20

ORDER signed by Magistrate Judge Craig M. Kellison on 6/11/2014 ORDERING that Defendant's 12 motion to change venue is STRICKEN as improperly filed without a noticed hearing. Defendant's 13 motion to proceed in forma pauperis is DENIED without prejudice, as unnecessary. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASHLEY CANDLER,

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No. 2:13-cv-2072-LKK-CMK

Plaintiff,
vs.

ORDER

SHANNON CARTER,
Defendant.
/
Plaintiff, proceeding with counsel, brings this civil action against a pro se

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defendant. Pursuant to Eastern District of California Local Rule 302(c)(21), this matter was

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referred to the undersigned for all pretrial proceedings. Pending before the court is defendant’s

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motion to change venue (Doc. 12) and motion to proceed in forma pauperis (Doc. 13).

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Defendant filed the motion to change venue without setting a hearing date or

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providing notice of the hearing pursuant to Local Rule 230. As the motion was not properly set

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for hearing, the court will strike the motion. Defendant may re-file a properly noticed motion for

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hearing before the assigned Magistrate Judge. See Local Rule 230(k).

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As for defendant’s motion to proceed in forma pauperis, 28 U.S.C. § 1915 allows
the court to authorize an action to be commenced without prepayment of fees by a person who
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submits an affidavit showing the person is unable to pay such fees. Here, plaintiff paid the filing

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fees to commence this action and there are no fees or costs the defendant is required to pay at this

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time. Her motion will therefore be denied, without prejudice, as unnecessary.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Defendant’s motion to change venue (Doc. 12) is stricken as improperly

filed without a noticed hearing; and
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Defendant’s motion to proceed in forma pauperis (Doc. 13) is denied,

without prejudice, as unnecessary.

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DATED: June 11, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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