Hill v. CDCR

Filing 25

ORDER TRANSFERRING CASE to SACRAMENTO Division signed by Magistrate Judge Gary S. Austin on 3/17/2015. New Case Number 2:15-cv-00592-EFB(PC). (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ARTHUR HILL, 12 13 14 15 Plaintiff, 1:13-cv-01752-GSA-PC ORDER TRANSFERRING CASE vs. CDCR, Defendant. 16 17 James Arthur Hill ("Plaintiff") is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint 19 commencing this action on October 3, 2013, at the United States District Court for the Northern 20 District of California. (Doc. 1.) On October 21, 2013, as instructed by the Court, Plaintiff re- 21 submitted the Complaint on the Court’s form. (Doc. 8.) On October 29, 2013, the case was 22 transferred to the Fresno Division of the United States District Court for the Eastern District of 23 California. (Doc. 12.) 24 On May 8, 2014, the Court issued an order dismissing the Complaint for failure to state 25 a claim, with leave to amend. (Doc. 22.) On May 27, 2014, Plaintiff filed the First Amended 26 Complaint, which is now before the court for screening. (Doc. 24.) 27 It is apparent from a reading of Plaintiff’s allegations in the First Amended Complaint 28 that the center of gravity of this case is in the Sacramento Division of the Eastern District of 1 1 California, and any relationship with the Fresno Division is minimal. Plaintiff is presently 2 incarcerated at Pleasant Valley State Prison (PVSP) in Coalinga, California, which is located in 3 the Fresno Division. However, the majority of the events at issue in the First Amended 4 Complaint occurred at Mule Creek State Prison (MCSP) in Ione, California, when Plaintiff was 5 incarcerated there. MCSP is located in Sacramento County, which is part of the Sacramento 6 Division. 7 Division.1 For these reasons, this case should be transferred to the Sacramento Division of the 8 Eastern Division of California. Pursuant to Local Rule 120(f), a civil action which has not been 9 commenced in the proper court may, on the Court=s own motion, be transferred to the proper 10 All except one of the individual named defendants reside in the Sacramento court. 11 Accordingly, good cause appearing, IT IS HEREBY ORDERED that: 12 1. 13 14 This case is transferred to the Sacramento Division of the United States District Court for the Eastern District of California; and 2. 15 All future filings shall refer to the new Sacramento case number assigned and shall be filed at: 16 United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814 17 18 19 20 21 IT IS SO ORDERED. Dated: March 17, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 1 Plaintiff names as defendants the California Department of Corrections and Rehabilitation, L. Clark-Barlow (Nurse Practitioner, MCSP), Dr. N. Dhaliwal (Medical Doctor, MCSP), W. David Smiley (Health Care CEO, MCSP), S. Robert (Registered Nurse, MCSP), Dr. J. Chokatos (Medical Doctor, PVSP), and J. Smith (SSM I, Litigation Support Unit, Elk Grove, California). 2

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