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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 1:17-cv-00791-AWI-BAM (PC) ANTHONY A. SHARP, et al., 12 Plaintiffs, 13 14 ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA v. CLARK KELSO, 15 Defendant. 16 Plaintiffs Anthony A. Sharp, Talin Hartley Piccione, Rene Lavell Coleman, and Carlton 17 18 Cordell Barra (“Plaintiffs”) are state prisoners proceeding pro se in this civil rights action 19 pursuant to 42 U.S.C. § 1983. On June 12, 2017, Plaintiffs commenced the instant action, which 20 they seek to bring as a class action. (ECF No. 1.) Plaintiff Sharp has also filed a motion to 21 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.) 22 In the complaint, Plaintiffs allege that violations of their civil rights took place in Fresno 23 County, Kern County, and Amanda [sic] County. (ECF No. 1, p. 1.) However, Plaintiffs allege 24 violations committed by employees of California Correctional Health Care Services, located in 25 Elk Grove, California. Thus, the events took place in Sacramento County, which is part of the 26 Sacramento Division of the United States District Court for the Eastern District of California. 27 Therefore, the complaint should have been filed in the Sacramento Division. 28 /// 1 1 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 2 court may, on the court’s own motion, be transferred to the proper court. Therefore, this action 3 will be transferred to the Sacramento Division. This Court will not rule on Plaintiff Sharp’s 4 request to proceed in forma pauperis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. This action is transferred to the United States District Court for the Eastern District of 7 8 9 California sitting in Sacramento; and 2. All future filings shall refer to the new Sacramento case number assigned and shall be filed at: 10 United States District Court Eastern District of California 501 “I” Street, Suite 4-200 Sacramento, CA 95814 11 12 13 3. This Court has not ruled on Plaintiff Sharp’s request to proceed in forma pauperis. 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara July 24, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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