Olivier v. Kernan

Filing 10

ORDER VACATING DISMISSAL; REOPENING CASE, Case reopened. Case transferred to the Eastern District of California. Signed by Judge Phyllis J. Hamilton on 10/11/17. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 10/11/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAURICE P. OLIVIER,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-04953-PJH

v.
SCOTT KERNAN,
Defendant.

ORDER VACTING DISMISSAL;
REOPENING AND TRANSFERING
CASE
Re: Dkt. No. 9

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This is a civil rights case brought pro se by a state prisoner. This case was

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dismissed without prejudice due to plaintiff’s failure to file an in forma pauperis

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application. Plaintiff has since filed an in forma pauperis application, therefore the court

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will review the complaint.

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Plaintiff alleges that he was denied early release by the Secretary of CDCR and
prison officials at his facility, Pleasant Valley State Prison. The prison and the Secretary
of the CDCR lie within the venue of the United States District Court for the Eastern
District of California. Venue, therefore, properly lies in that district and not in this one.
See 28 U.S.C. § 1391(b). Plaintiff also states that he is a member of a class action
raising the same claims that was previously filed in this district, Champ v. Kernan, No. 17cv-4779-RS. That case was transferred to the Eastern District for the same reasons on

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September 29, 2017.
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The order of dismissal and judgment (Docket Nos. 7, 8) are VACATED and this
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case is REOPENED. This case is TRANSFERRED to the United States District Court for
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the Eastern District of California. See 28 U.S.C. § 1406(a).
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In view of the tran
w
nsfer, the co will not rule upon plaintiff's m
ourt
t
motion to pr
roceed in
for
rma pauper
ris.
IT IS SO ORDER
S
RED.
Da
ated: 10/11/
/17

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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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United States District Court
Northern District of California

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