Collier v. Vallejo Police Department et al

Filing 25

ORDER RE: "MOTION TO SET ASIDE DEFENDANTS' JURISDICTION TO THE EASTERN DISTRICT" (Illston, Susan) (Filed on 10/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DONALD COLLIER,

United States District Court
For the Northern District of California

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No. C 13-755 SI

Plaintiff,

ORDER RE: “MOTION TO SET ASIDE
DEFENDANTS’ JURISDICTION TO THE
EASTERN DISTRICT”

v.
VALLEJO POLICE DEPARTMENT, et al.,

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Defendants.

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In an order filed April 30, 2013, the Court transferred this case to the Eastern District of

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California because plaintiff and all of the defendants reside in the Eastern District of California, and a

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“substantial part of the events or omissions” giving rise to plaintiff’s claims occurred in that district.

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28 U.S.C. § 1391(b). The case was transferred on April 30, 2013, and on May 1, 2013, the Eastern

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District of California opened this action as case number 2:13-cv-00852 LKK. According to the docket

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in the Eastern District, the case remains pending there.1

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On September 23, 2013, this Court received a filing from plaintiff directed to the “United States

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District Courts for the 9th Circuit Court of Appeals for the Northern District of California.” The filing

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is titled “Motion to set aside defendants’ jurisdiction to the Eastern District Due to Obstruction of

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Justice Perpetrated Through Mail Fraud by the Vallejo Postal Service and the City of Vallejo.”

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Plaintiff’s September 23, 2013 filing states “May the records reflect the Plaintiff has obtained evidence

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On September 5, 2013, Magistrate Judge Allison Claire issued a Findings and
Recommendations recommending that the case be dismissed. Plaintiff did not file an objection to that
report.

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that city officials conspired with [the] Vallejo Postal Service, committing fraud by procuring Plaintiff’s

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petition from reaching the 9th Circuit Court of Appeals.”

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The Court directs the Clerk to file plaintiff’s September 23, 2013 pleading on this docket, and

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to transmit the filing to the Clerk of the Eastern District of California for filing in 2:13-cv-00852 LKK,

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along with a copy of this Order. The Court hereby informs plaintiff that because the case was

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transferred to the Eastern District, this Court cannot take any further action in this case. Plaintiff is

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directed to make all future filings in the Eastern District, and to the extent plaintiff wishes to challenge

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the transfer, plaintiff may do so through an appeal of the Eastern District case.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

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Dated: October 2, 2013
SUSAN ILLSTON
United States District Judge

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