(PC) Clark v. Eaton, et al.

Filing 6

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:20-cv-1159-EFB) to Fresno (1:20-cv-0874-BAM) signed by Magistrate Judge Edmund F. Brennan on 6/24/2020. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERNEST E. CLARK, IV,

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No. 2:20-cv-1159-EFB P

Plaintiff,
v.

ORDER

PATRICK EATON, et al.,
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 on September 7, 2018 and again on December 13, 2018, he fell in

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the shower at the Sierra Conservation Center (“SCC”) in Tuolumne County. ECF No. 1. He

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claims that he is disabled – having lost a leg in a car accident – and that the showers at the SCC

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did not accommodate his needs. He is now housed at California State Prison, Solano and vaguely

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alleges the existence of “on-going constitutional violations.” Id. at 15.

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Although Solano County lies within the Sacramento Division of this court, the crux of

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plaintiff’s claims – the two falls at SCC - arose in Tuolumne County. Tuolumne County is in the

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Fresno Division of the United States District Court for the Eastern District of California, and this

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action should have been commenced there. E.D. Cal. Local Rule 120(d). Where a civil action

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has not been commenced in the proper division of a court, the court may, on its own motion,

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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: June 24, 2020.

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