Buchanan v. Warden et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:17-cv-1497-EFB) to Fresno (1:17-cv-0990-SAB) signed by Magistrate Judge Edmund F. Brennan on 7/26/2017. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CRAIG BUCHANAN,

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No. 2:17-cv-1497-EFB P

Plaintiff,

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v.

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SHIPMAN, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He alleges that eighteen years ago, he acquired the Hepatitis C virus while housed

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at Corcoran State Prison. ECF No. 1 at 4. He is currently housed at High Desert State Prison

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(“HDSP”) and names the HDSP Warden as a defendant. Id. at 1. He also names as defendants a

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doctor employed at Salinas Valley State Prison, and two doctors employed at Corcoran State

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Prison. Id. at 4. He alleges generally, that “defendants” refused to carry out a treatment plan and

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violated his rights under the Eighth Amendment. Id. at 5, 6. Although vague, the allegations

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suggest that plaintiff’s claims arose at Corcoran State Prison, which is in Kings County. Kings

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County is in the Fresno Division of the United States District Court for the Eastern District of

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California, and this action should have been commenced there. E.D. Cal. Local Rule 120(d).

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Where a civil action has not been commenced in the proper division of a court, the court may, on

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its own motion, transfer the action to the proper division. E.D. Cal. Local Rule 120(f).
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Accordingly, it is hereby ordered that:

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1. This action is transferred to the Fresno Division.

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2. The Clerk of Court shall assign a new case number.

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3. All future filings shall bear the new case number and shall be filed at:

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
DATED: July 26, 2017.

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