Bobby Harker v. Stacy Zigler et al
Filing
37
ORDER TRANSFERRING Action to SACRAMENTO Division, signed by Magistrate Judge Gary S. Austin on 7/1/13: New Case Number 2:13-cv-01305 TLN CKD. Old Case Number 1:13-cv-00968 LJO GSA. (Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
BOBBY HARKER,
12
13
14
15
16
17
18
19
20
No. 13-cv-968 LJO-GSA
Plaintiff,
v.
ORDER TRANSFERRING ACTION
TO SACRAMENTO DIVISION
STACY ZIGLER;TIM VIRGA; GREG
ANDERSON; LORI RODRIGUEZ;
RHONDA CARTER; and JOHN DOES,
1-10,
Defendants.
This case was transferred to this District from the United States District Court for the
Central District of California on June 25, 2013. (Doc. 35). A review of the complaint reveals
that the events giving rise to this action took place at the Correctional Treatment Center at the
21
22
California State Prison –Sacramento. This facility is located in Sacramento County and lies
23
within the jurisdictional boundaries of the Sacramento Division of the United States District
24
Court for the Eastern District of California. See Local Rule 120(d).
25
Title 28 of the United States Code Section 1391(b) provides :
26
A civil action wherein jurisdiction is not founded solely on diversity of citizenship may,
except as otherwise provided by law, be brought only in (1) a judicial district where any
defendant resides, if all defendants reside in the same State, (2) a judicial district in which
a substantial part of the events or omissions giving rise to the claim occurred, or a
27
28
1
1
substantial part of property that is the subject of the action is situated, or (3) a judicial
district in which any defendant may be found, if there is no district in which the action
may otherwise be brought.
2
3
Pursuant to Local Rule 120(f), a Court may transfer an action to another venue within the
4
district when the action has not been commenced in the proper court. The court is transferring
5
6
this action to the Sacramento Division of the Eastern District of California because Plaintiff has
7
named several defendants all who reside in Sacramento County. See 28 U.S.C. § 1391(b)(1).
8
Moreover, as previously noted, the actions giving rise to Plaintiff’s complaint all arose in
9
Sacramento County. See 28 U.S.C. § 1391(b)(2). Good cause appearing, IT IS HEREBY
10
11
ORDERED that this matter is TRANSFERRED to the Sacramento Division of the United States
District Court for the Eastern District of California.
12
13
14
15
16
17
18
IT IS SO ORDERED.
19
20
21
Dated:
July 1, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
6i0kij8d
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?