(PS)Schultz v. Kern County, No. 1:2022cv00646 - Document 8 (E.D. Cal. 2022)

Court Description: ORDER signed by Magistrate Judge Allison Claire on 5/31/2022; WITHDRAWING 5 Findings and Recommendations; TRANSFERRING this action to the Fresno division. All future filings should reference case number 1:22-cv-0646-JLT-BAM (PS). (Zignago, K.)
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(PS)Schultz v. Kern County Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUSAN MARIE SHULTZ, 12 Plaintiff, 13 14 15 v. No. 2:22-cv-00397 KJM AC (PS) ORDER KERN COUNTY, et al, Defendants. 16 17 Plaintiff is proceeding in this action pro se. This matter was accordingly referred to the 18 undersigned by E.D. Cal. 302(c)(21). Plaintiff filed a request for leave to proceed in forma 19 pauperis (“IFP”), and has submitted the affidavit required by that statute. See 28 U.S.C. 20 § 1915(a)(1). The undersigned granted the motion to proceed IFP, but rejected plaintiff’s initial 21 complaint on screening and invited her to file an amended complaint. ECF No. 3. Plaintiff failed 22 to file a timely amended complaint and failed to respond to a subsequent order to show cause, and 23 so the undersigned recommended that the case be dismissed for failure to prosecute. ECF No. 5. 24 On May 23, 2022, plaintiff belatedly filed a first amended complaint (ECF No. 6) and a second 25 motion to proceed IFP (ECF No. 7). Considering plaintiff’s pro se status, the court will 26 WITHDRAW the findings and recommendations to dismiss for failure to prosecute (ECF No. 5). 27 It has also come to the court’s attention that this case has been filed in the incorrect 28 division of the Eastern District of California. In her complaint, plaintiff alleges violations of her 1 Dockets.Justia.com 1 civil rights by defendants. The alleged violations took place in Kern County and all defendants 2 are located in Kern County, which is part of the Fresno Division of the United States District 3 Court for the Eastern District of California. See Local Rule 120(d). Pursuant to Local Rule 4 120(f), a civil action which has not been commenced in the proper division of a court may, on the 5 court’s own motion, be transferred to the proper division of the court. Therefore, this action will 6 be transferred to the Fresno Division of the court. 7 Good cause appearing, IT IS HEREBY ORDERED that: 8 1. The Findings and Recommendations at ECF No. 5 are WITHDRAWN; 9 2. This action is transferred to the United States District Court for the Eastern District of 10 11 12 13 14 15 California sitting in Fresno; and 3. All future filings shall reference the new Fresno case number assigned and shall be filed at: United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 DATED: May 31, 2022 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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