(PC)Johnson v. Couello et al

Filing 4

ORDER TRANSFERRING CASE to the SACRAMENTO Division of the Eastern District of California signed by Magistrate Judge Helena M. Barch-Kuchta on 9/7/2021. New Case Number 2:21-cv-01605-DMC(PC). (Sant Agata, S)

Case 1:21-cv-01336-HBK Document 4 Filed 09/08/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:21-cv-01336-HBK (PC)

SEDRIC EUGENE JOHNSON,
Plaintiff,

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

v.
P. COUELLO, et al.,
Defendants.

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Before the Court is Plaintiff Sedric Eugene Johnson’s pro se 42 U.S.C. § 1983 complaint

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filed on September 7, 2021. (Doc. No. 1). Plaintiff did not pay the filing fee or accompany his

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complaint with an application to proceed in forma pauperis. Plaintiff filed the complaint while he

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was incarcerated in California Correctional Institution, Tehachapi. (See Id.). According to the

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allegations in the complaint, the events which give rise to Plaintiff’s claims took place while

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Plaintiff was incarcerated in Mule Creek State Prison, located in Amador County, California.

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(Doc. No. 1 at 1-2). Because the events giving rise to the cause of action occurred in Amador

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County, which is within the venue of the Sacramento Division, Plaintiff should have filed the

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complaint in the Sacramento Division of this Court. See 28 U.S.C. § 1391(b)(1)-(2); see also

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Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court

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jurisdiction and venue in a § 1983 action). Pursuant to Local Rule 120(f), a civil action which has

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not been commenced in the proper court may, on the court’s own motion, be transferred to the
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Case 1:21-cv-01336-HBK Document 4 Filed 09/08/21 Page 2 of 2
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correct court. The Court finds it in the interests of justice to transfer this case under 28 U.S.C. §

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1406(a).

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Accordingly, it is ORDERED:

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1.

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The Clerk of Court is directed to transfer this action to the Sacramento Division of

the United States District Court for the Eastern District of California and close this case.

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2.

All future pleadings shall refer to the new Sacramento case number assigned and

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shall be mailed to United States District Court, Eastern District of California 501 “I” Street, Suite

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4-200, Sacramento, CA 95814 for filing.

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Dated:

September 7, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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