Everett v. Patterson et al
Filing
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ORDER TRANSFERRING CASE: This action is TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk shall transfer the case forthwith. Signed by Judge Magistrate Judge Donna M. Ryu on 4/25/18. (ig, COURT STAFF) (Filed on 4/25/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RICHARD C. EVERETT,
Case No. 18-cv-02384-DMR (PR)
Plaintiff,
ORDER OF TRANSFER
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United States District Court
Northern District of California
v.
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DR. PATTERSON,
Defendant.
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On April 20, 2018, Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to
42 U.S.C. § 1983.
On the same date, the Clerk of the Court notified Plaintiff in writing that his action was
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deficient in that he had not submitted an in forma pauperis (“IFP”) application. Dkt. 2. The Clerk
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further notified him that this action would be dismissed if he did not submit a completed IFP
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application within twenty-eight days. See id. In addition, the Clerk notified Plaintiff in writing
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that this matter has been assigned to the undersigned Magistrate Judge. Dkt. 3. To date, Plaintiff
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has neither filed a completed IFP application nor provided his consent to magistrate judge
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jurisdiction.
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The acts complained of occurred at California State Prison - Sacramento, which is located
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in the Eastern District of California, and it appears that Defendant resides in that district. Venue,
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therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).
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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is
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TRANSFERRED to the United States District Court for the Eastern District of California.1 The
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Clerk shall transfer the case forthwith.
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If Plaintiff wishes to further pursue this action, he must complete the IFP application
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required by the United States District Court for the Eastern District of California and mail it to that
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district.
All remaining motions are TERMINATED on this court’s docket as no longer pending in
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this district.
IT IS SO ORDERED.
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Dated: April 25, 2018
______________________________________
DONNA M. RYU
United States Magistrate Judge
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United States District Court
Northern District of California
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Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction of
the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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RICHARD C. EVERETT,
Case No. 4:18-cv-02384-DMR
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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PATTERSON, et al.,
Defendants.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
United States District Court
Northern District of California
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That on April 25, 2018, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Richard C. Everett ID: AF5392
P.O. Box 290066
Represa, CA 95671
Dated: April 25, 2018
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU
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