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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYAN COOKE,

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No. 2:14-cv-2539 KJN P
Plaintiff,

v.

ORDER

CLIFF ALLENBY, et al.,

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Defendants.

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Plaintiff is a civil detainee housed at Coalinga State Hospital, and is proceeding without

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counsel. Plaintiff filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request

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to proceed in forma pauperis. In his complaint, plaintiff alleges violations of his civil rights

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which took place in Fresno County, which is part of the Fresno Division of the United States

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District Court for the Eastern District of California. See Local Rule 120(d). Plaintiff’s

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commitment proceedings are taking place in Riverside County Superior Court, which is part of

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the Central District of California.

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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. This court has not ruled on plaintiff’s request to proceed in forma pauperis;

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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

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Dated: November 12, 2014

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/cook2539.22

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