Lipsey v. Kalil, et al.

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 8/22/2019 DENYING 17 Request to Transfer Case to State Superior Court. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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No. 2:17-cv-1429 AC P

Plaintiff,
v.

ORDER

KALIL, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a request to have this action

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transferred to the state superior court with jurisdiction over cases arising at Folsom State Prison.

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ECF No. 17. This action was originally brought in this court and this court therefore has no

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authority to remand or transfer it to the Sacramento County Superior Court. If plaintiff wishes to

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voluntarily dismiss this action and file a complaint in state court, he is free to do so. This court

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takes no position on the consequences of that course of action.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to transfer this case to

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the state superior court (ECF No. 17) is denied.

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DATED: August 22, 2019

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