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- cacd;;5:16-cv-01861_de15 RegisterActionDate "2016-10-18" @default.
- cacd;;5:16-cv-01861_de15 RegisterActionDescriptionText "MINUTE ORDER (IN CHAMBERS) re Motion for Clarification by Magistrate Judge Steve Kim. The Court is in receipt of Plaintiff's Motion for Clarification. (ECF No. 11 ). Plaintiff first seeks clarification why his case was transferred to the Central District of CA, especially in view of his medical condition which requires that he be housed in a medical facility outside the Central District of CA. The case was properly transferred to this District because a civil action "may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located, or (2) a judicial district in which a substantial part of the vents or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated." 28 U.S.C. 1391(b). Here, Plaintiff's action is brought against defendants who are employees of Chuckawalla State Prison in Blythe, CA for actions occurring there. (ECF No. 1 ). Thus, the Central District of CA is the proper venue, and Plaintiff's action may be required to be litigated here regardless of Petitioner's current physical location. Plaintiff also seeks clarification regarding the Court's order granting in forma pauperis ("IFP") status. At the time the Court granted Plaintiff IFP status, Plaintiff was not required to pay any amount towards an initial partial filing fee because his prison trust account balance was insufficient. (ECF Nos. 2 , 9 ). However, he is still subject to the statutory requirement that he pay, in monthly installments, the balance of the filing fee if his prison trust account balance exceeds $10. (mkr) (Entered: 10/19/2016)" @default.
- cacd;;5:16-cv-01861_de15 AdministrativeID "13" @default.
- cacd;;5:16-cv-01861_de15 hasJudgeReference SJ003038 @default.
- cacd;;5:16-cv-01861_de15 hasReferenceToOtherEntry cacd;;5:16-cv-01861_de0 @default.
- cacd;;5:16-cv-01861_de15 hasReferenceToOtherEntry cacd;;5:16-cv-01861_de1 @default.
- cacd;;5:16-cv-01861_de15 hasReferenceToOtherEntry cacd;;5:16-cv-01861_de11 @default.
- cacd;;5:16-cv-01861_de15 hasReferenceToOtherEntry cacd;;5:16-cv-01861_de13 @default.