Carino v. Fontoura

District Court, D. Nevada

Carino v. Fontoura

Trial Court Opinion

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6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8

9 ROSALINDA O CARINO, Case No.: 2:20-cv-01863-APG-NJK 10 Plaintiff(s), ORDER 11 v.

12 A.B. FONTOURA, NJ Essex County Sheriff, 13 Defendant(s). 14 Plaintiff is proceeding in this matter pro se and has submitted a document asking this Court 15 to transfer her case from the District of New Jersey to this District. Docket No. 1-1. The Court 16 construes Plaintiff’s document as a motion to transfer venue pursuant to

28 U.S.C. § 1404

(a). See 17 Erickson v. Pardus,

551 U.S. 89, 94

(2007) (quoting Estelle v. Gamble,

429 U.S. 97, 106

(1976)) 18 (“A document filed pro se is ‘to be liberally construed[.]’”). Plaintiff has not paid the required 19 filing fee, requested authority pursuant to

28 U.S.C. § 1915

to proceed in forma pauperis, or filed 20 a complaint. See Docket. 21 A motion to transfer venue must be filed in the district court where the action was originally 22 commenced. See

28 U.S.C. § 1404

(a) (“For the convenience of parties and witnesses, in the 23 interest of justice, a district court may transfer any civil action to any other district . . . where it 24 might have been brought or to any district . . . to which all parties have consented.”). Since Plaintiff 25 seeks to transfer her case from the District of New Jersey to this District, she must file that request 26 in the District of New Jersey, where her case is currently pending. 27 In addition, to the extent Plaintiff seeks to commence a new action in this Court, she must 28 either pay the filing fee or file a fully complete application to proceed in forma pauperis. 1 Accordingly, IT IS ORDERED: 2 1. Plaintiff must file her request to transfer her case to this District in the District of New Jersey, where her case is currently pending. 4 2. If Plaintiff seeks to commence a new action in this Court, she shall either make the 5|| necessary arrangements to pay the filing fee, accompanied by a copy of this order, or file a fully 6|| complete application to proceed in forma pauperis. 7 3. The Clerk of Court shall send Plaintiff the approved form application to proceed in forma pauperis by a non-prisoner, as well as the document entitled “Information and Instructions” 9] for filing an in forma pauperis application. 10 4. If Plaintiff seeks to commence a new action in this Court, Plaintiff must comply with this order no later than November 6, 2020. Failure to comply will result in a recommendation 12|| to the District Judge that this matter be closed. 13 IT IS SO ORDERED. 14 Dated: October 7, 2020

16 United § me Magi trate Jud agistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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