Kalincheva v. Neubarth

Filing 13

ORDER RELATING CASE; ORDER OF TRANSFER (Illston, Susan) (Filed on 8/12/2013)

Kalincheva v. Neubarth

Doc. 13

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAGDALINA KALINCHEVA,
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No. C 13-03294 JSW (SI)
Related Case No. C 13-03212-SI

Plaintiff,
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United States District Court
For the Northern District of California

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v.

ORDER RELATING CASE; ORDER OF
TRANSFER

JESSE NEUBARTH,
Defendant.

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On July 15, 2013, pro se plaintiff filed an action in this District against defendant Jesse
Neubarth, Kalincheva v. Neubarth, 13-CV-03294 JSW. Pursuant to Civil Local Rule 3-12(a), the Court
hereby determines that this matter is related to Kalincheva v. Neubarth, 13-CV-03212 SI.
The Court has reviewed plaintiff’s complaint and concludes that the case should be transferred
– as was 13-CV-03212 SI – to the Eastern District of California. Plaintiff resides in Stockton,
California, and defendant resides in Bakersfield, California. Thus, both parties reside within the venue
of the Eastern District of California. No defendant is alleged to reside in, and none of the events or
omissions giving rise to the complaint occurred in the Northern District. Venue therefore would be
proper in the Eastern District and not in this one. See 28 U.S.C. § 1391(b). Accordingly, in the interest
of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United States
District Court for the Eastern District of California. The clerk shall transfer this matter.1
IT IS SO ORDERED.
Dated: August 12, 2013

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SUSAN ILLSTON
United States District Judge

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The Court also defers to the Eastern District to rule on plaintiff’s pending application to
proceed in forma pauperis.
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