Sharp, et al. v. Kelso

Filing 9

ORDER Transferring Case to the Sacramento Division, signed by Magistrate Judge Barbara A. McAuliffe on 7/24/17. New Case Number 2:17-cv-01528-KJN. Old Case Number 1:17-cv-00791-AWI-BAM. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:17-cv-00791-AWI-BAM (PC)

ANTHONY A. SHARP, et al.,

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Plaintiffs,

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ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

v.
CLARK KELSO,

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Defendant.

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Plaintiffs Anthony A. Sharp, Talin Hartley Piccione, Rene Lavell Coleman, and Carlton

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Cordell Barra (“Plaintiffs”) are state prisoners proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. On June 12, 2017, Plaintiffs commenced the instant action, which

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they seek to bring as a class action. (ECF No. 1.) Plaintiff Sharp has also filed a motion to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.)

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In the complaint, Plaintiffs allege that violations of their civil rights took place in Fresno

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County, Kern County, and Amanda [sic] County. (ECF No. 1, p. 1.) However, Plaintiffs allege

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violations committed by employees of California Correctional Health Care Services, located in

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Elk Grove, California. Thus, the events took place in Sacramento County, which is part of the

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Sacramento Division of the United States District Court for the Eastern District of California.

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Therefore, the complaint should have been filed in the Sacramento Division.

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

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court may, on the court’s own motion, be transferred to the proper court. Therefore, this action

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will be transferred to the Sacramento Division. This Court will not rule on Plaintiff Sharp’s

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request to proceed in forma pauperis.

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Accordingly, IT IS HEREBY ORDERED that:

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

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California sitting in Sacramento; and
2. All future filings shall refer to the new Sacramento case number assigned and shall be
filed at:

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United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814

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3. This Court has not ruled on Plaintiff Sharp’s request to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 24, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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