United States of America v. Bustamante

Filing 14

ORDER, CASE TRANSFERRRED to Sacramento Division, signed by District Judge Anthony W. Ishii on 10/6/17. New Case Number 2:17-mc-00150-GEB. Old Case Number 1:17-mc-0047-AWI-EPG. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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CASE NO. 1:17-mc-0047 AWI EPG

Plaintiff
ORDER FOR INTRADISTRICT
TRANSFER TO SACRAMENTO
DIVISION

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v.

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BENJAMIN BUSTAMANTE,

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Defendant and
Judgment Debtor
_____________________________________
THE SF LGBT CENTER,
Garnishee

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This matter is an application for a writ of garnishment.

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On April 30, 2010, Defendant Benjamin Bustamante pled guilty pursuant to a plea

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agreement to wire fraud (18 U.S.C. § 1343). As part of that sentence, Bustamante was ordered to

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pay nearly $700,000 in restitution. This sentence and restitution were ordered as part of a criminal

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case that was prosecuted in the Eastern District of California – Sacramento Division. See United

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States v. Bustamante, 2:09-CR-504 GEB (E.D. Cal. Sacramento Div.).

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On July 5, 2017, the United State filed this application for a writ of garnishment that

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sought to garnish a portion of Bustamante wages from his current employer, The SF LGBT

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Center. The application was filed with the Eastern District of California – Fresno Division.

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According to the application, Bustamante and The SF LGBT Center are located in San Francisco.

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On August 10, 2017, the Magistrate Judge issued a Findings and Recommendation to grant

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the writ of garnishment. The time for filing objections has passed and no objections were filed by

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any interested party.

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Upon review, the Court finds that the application was not properly filed in the Fresno

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Division. The Fresno Division has absolutely no connection to the criminal conviction, the

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garnishment order, Bustamante’s current location, or The SF LGBT Center. Because the

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garnishment order was entered as part of the criminal proceedings in the Sacramento Division, the

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United States should have filed the writ application with the Sacramento Division. The Fresno

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Division is not the proper venue.

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Instead of addressing the Findings and Recommendation or the writ application any

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further, the Court will transfer this matter to the Sacramento Division of the Eastern District of

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California. See Local Rule 120(f) (“Whenever in any action the Court finds upon its own motion .

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. . that the action has not been commenced in the proper court in accordance with this Rule, or for

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other good cause, the Court may transfer the action to another venue within the District.”).

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Pursuant to Local Rule 120, this matter is TRANSFERRED forthwith to the Sacramento
Division of the Eastern District of California; and

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The Court expresses no opinions with respect to the Findings and Recommendation, which
remains pending.

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IT IS SO ORDERED.
Dated: October 6, 2017
SENIOR DISTRICT JUDGE

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