Cooke v. Allenby et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-2539 KJN) to Fresno (1:14-cv-1773 SKO) signed by Magistrate Judge Kendall J. Newman on 11/12/14. (Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRYAN COOKE, 12 13 14 No. 2:14-cv-2539 KJN P Plaintiff, v. ORDER CLIFF ALLENBY, et al., 15 Defendants. 16 17 Plaintiff is a civil detainee housed at Coalinga State Hospital, and is proceeding without 18 counsel. Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request 19 to proceed in forma pauperis. In his complaint, plaintiff alleges violations of his civil rights 20 which took place in Fresno County, which is part of the Fresno Division of the United States 21 District Court for the Eastern District of California. See Local Rule 120(d). Plaintiff’s 22 commitment proceedings are taking place in Riverside County Superior Court, which is part of 23 the Central District of California. 24 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 25 division of a court may, on the court’s own motion, be transferred to the proper division of the 26 court. Therefore, this action will be transferred to the Fresno Division of the court. In light of 27 1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s request to proceed in 28 forma pauperis. 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. This court has not ruled on plaintiff’s request to proceed in forma pauperis; 3 2. This action is transferred to the United States District Court for the Eastern District of 4 5 6 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 7 8 9 10 Dated: November 12, 2014 11 12 /cook2539.22 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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