(PS) Manning v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY L. MANNING, No. 2:19-cv-00494 TLN AC PS Plaintiff, v. ORDER UNITED STATES DEPARTMENT OF

VETERANS AFFAIRS,

15 Defendant. 16 Plaintiff is proceeding in this action pro se and in forma pauperis. The case was referred to the undersigned by E.D. Cal. 302(c)(21). The court is in receipt of plaintiff’s motion to transfer or dismiss. ECF No. 50. This motion is not properly noticed pursuant to Local Rule 230 therefore will be STRICKEN. In light of plaintiff’s pro se status and in the interest of judicial economy, the court notes for plaintiff’s benefit that the venue transfer statute at 28 U.S.C. § 1404 governs transfer between district courts; it does not allow the district court to transfer matters to an appellate court. The court further notes that, if defendant consents, plaintiff is free to voluntarily dismiss the remainder of this action pursuant to Fed. R. Civ. P. 41(1)(A)(ii), though any subsequent action would re- start…