Whitely v. CDCR et al

Filing 3

ORDER Transferring Case to Sacramento Division signed by Magistrate Judge Barbara A. McAuliffe on 07/05/2016.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00946 BAM (PC)

EVERTON WHITELY,
Plaintiff,

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

v.
CDCR, et al. ,
Defendant.

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Plaintiff Everton Whitely (“Plaintiff”), a state prisoner proceeding pro se, filed this civil

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rights action pursuant to 42 U.S.C. ' 1983, on June 23, 2016. That same date, Plaintiff submitted

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a motion to proceed in forma pauperis pursuant to 28 U.S.C. ' 1915. (ECF No. 2)

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In his complaint, plaintiff alleges violations of his civil rights by defendants which

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occurred at the Folsom State Prison in Folsom, California. (ECF No. 1.) Thus, the alleged

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

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

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have 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

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will be transferred to the Sacramento Division. This court will not rule on Plaintiff's pending

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motion to proceed in 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
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 pending motion to proceed in forma pauperis
(ECF No. 2).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 5, 2016

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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