Evans v. Myers et al

Filing 2

ORDER OF INTRADISTRICT TRANSFER signed by Magistrate Judge Kendall J. Newman on 4/18/17 from Sacramento Case Number 2:17-mc-00059 WBS KJN (PS) to Fresno(1:17-mc-00023 DAD SAB)(Mena-Sanchez, L)

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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 JOSH EVANS, 12 13 14 No. 2:17-mc-0059-WBS-KJN PS Plaintiff, v. ORDER AQSEPTENCE GROUP, et al., 15 16 Defendants. 17 18 Plaintiff Josh Evans, proceeding without counsel, commenced this miscellaneous action 19 on April 12, 2017, in the Sacramento division of this district. (ECF No. 1.) It is unclear exactly 20 what the nature of this miscellaneous action is. As far as the court can tell, plaintiff Josh Evans, 21 purportedly acting as a sworn public official representing the State of California, commenced this 22 action to file a “memorandum of adjudicatory determination” as to some type of dispute between 23 a claimant named Timothy James Myers and defendant debtors Aqseptence Group, Mike 24 Mehmert, and Cambria Breitkreutz. 25 As an initial matter, the court has significant concerns regarding whether plaintiff has 26 standing to bring this action and whether the court has subject matter jurisdiction over the action. 27 However, the memorandum alleges that both plaintiff Josh Evans and the underlying claimant, 28 Timothy Myers, are residents of Bakersfield, California in Kern County. In turn, the defendants 1 1 are either residents of Bakersfield, California; Minnesota; or Colorado. Thus, the action, if it can 2 be properly brought in federal court, should have been commenced in the Fresno division of this 3 district. See E.D. Cal. L.R. 120(d). As such, transfer of the action to the Fresno division is 4 appropriate. E.D. Cal. L.R. 120(f). This court leaves it to the court in the Fresno division to 5 make any further determinations it deems necessary concerning the potential issues with standing 6 and subject matter jurisdiction. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. This action is TRANSFERRED to the Fresno division of this district. 9 2. The Clerk of Court shall close this case in the Sacramento division. 10 Dated: April 18, 2017 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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