(PC) Turner v. Block

Filing 7

ORDER TRANSFERRING CASE to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Gary S. Austin on 8/2/2021 New Case Number 2:21-cv-01371-DMC (PC). Old Case Number 1:21-cv-00924-GSA (PC). (Jessen, A)

Case 2:21-cv-01371-DMC Document 7 Filed 08/03/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,
Plaintiff,

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v.

1:21-cv-00924-GSA-PC
ORDER TRANSFERRING CASE TO
SACRAMENTO DIVISION OF EASTERN
DISTRICT OF CALIFORNIA

ROBERT M. BLOCK,
Defendant.

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Anthony R. Turner is a state prisoner proceeding pro se with this civil action. On June

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11, 2021, Plaintiff filed a document titled ”Notice of Motion for Appeal of Judgment of the

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Above-Entitled Court.” (ECF No. 1.) The document was construed as a civil complaint

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whereupon the clerk opened a new civil rights action pursuant to 42 U.S.C. § 1983.
Plaintiff’s purported Complaint appeared to be a notice of appeal to the Ninth Circuit
Court of Appeals. However, Plaintiff did not provide sufficient information for the court to
identify a case number for appeal. On July 6, 2021, Plaintiff filed another document, titled
“Plaintiff does move this Court with Notice of Appeal purs. (F.R.A.P. 33(d).” (ECF No. 4.)
Again, Plaintiff did not identify a case number for appeal.
On July 30, 2021, the court issued an order for Plaintiff to respond in writing providing
the case number of any case he wishes to appeal. (ECF No. 5.) On July 30, 2021, Plaintiff filed
a response indicating that he wishes to proceed on the merits of his case. Plaintiff alleged claims
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Case 2:21-cv-01371-DMC Document 7 Filed 08/03/21 Page 2 of 2

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against defendants for events occurring in Solano County, which is located in the Sacramento

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Division of the Eastern District of California. Plaintiff is also incarcerated in Solano County at

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the Stanton Correctional Facility in Fairfield, California.

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For these reasons, this case should be transferred to the Sacramento Division of the

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Eastern Division of California. Pursuant to Local Rule 120(f), a civil action which has not been

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commenced in the proper court may, on the Court’s own motion, be transferred to the proper

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court.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1.

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This case is transferred to the Sacramento Division of the United States District
Court for the Eastern District of California; and

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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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IT IS SO ORDERED.
Dated:

August 2, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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