Honesto v. Brown et al

Filing 16

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:15-cv-0076 JAM AC) to Fresno (1:17-cv-0467 EPG) signed by Magistrate Judge Allison Claire on 03/31/17. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

PETER HONESTO,

12
13
14
15

No. 2:15-cv-0076 JAM AC P

Plaintiff,
v.

ORDER

GOVERNOR JERRY BROWN, et al.,
Defendants.

16
17

Plaintiff is a state prisoner currently incarcerated at Chuckawalla State Prison who

18

proceeds pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff

19

challenges the conditions of his prior confinement at Avenal State Prison leading to his alleged

20

contraction of Coccidioidomycosis or “Valley Fever.” This court has screened plaintiff’s

21

complaint pursuant to 28 U.S.C. § 1915A, dismissed the complaint with leave to amend, and

22

denied plaintiff’s motion for preliminary injunctive relief. However, should plaintiff file an

23

amended complaint stating cognizable claims, the witnesses and evidence necessary for resolution

24

of plaintiff’s claims will be more readily available within the boundaries of the Fresno Division of this

25

court where Avenal State Prison is located (Kings County).

26

The federal venue statute provides in pertinent part that a civil action may be brought in a

27

judicial district in which occurred a substantial part of the events or omissions giving rise to the

28

action. See 28 U.S.C. § 1391(b)(2). In the interest of justice, a federal district court may transfer
1

1

a case to the most appropriate division of that court. See 28 U.S.C. § 1406(a). Therefore, in the

2

interest of justice, this court will transfer this action to the Fresno Division of this district court.

3

Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

4

1. This action is transferred to the Fresno Division of the United States District Court for

5
6
7
8
9
10
11
12

the Eastern District of California; and
2. All future filings shall reference the newly assigned Fresno case number and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
SO ORDERED.
DATED: March 31, 2017

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2