Gradford v. Perez et al

Filing 4

ORDER TRANSFERRING CASE TO SACRAMENTO DIVISION of the Eastern District of California signed by Magistrate Judge Helena M. Barch-Kuchta on 7/25/2024. New Case Number 2:24-cv-02012-TLN-JDP. Old Case Number 1:24-cv-00714-KES-HBK. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM JAMES GRADFORD JR.,

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Plaintiff,
v.
A. PEREZ, WARDEN, and UNITED
STATES,

Case No. 1:24-cv-000714-KES-HBK (PC)
ORDER TRANSFERING CASE TO
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA
AND CLOSING CASE IN FRESNO
DIVISION

Defendants.

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Plaintiff, a prisoner, initiated this pro se action by filing a civil rights complaint under 42

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U.S.C. § 1983 and subsequently filing an application to proceed in forma pauperis on July 24,

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2024. (Doc. Nos. 1, 3). Because the events giving rise to the cause of action occurred in Ceres,

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CA, which is in Stanislaus County, Plaintiff should have filed his complaint in the Sacramento

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Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River County, 64 F.3d

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470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 1983 action).

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper court

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may, on the court’s own motion, be transferred to the correct court. The Court finds it in the

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interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. § 1406(a) and

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Local Rule 120(f).

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Accordingly, it is ORDERED:

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1.

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this Court and close the case in this division.
2. All future filings shall refer to the new Sacramento case number assigned and shall be

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

filed at:

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United States District Court
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814

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3. This Court defers rulings on Plaintiff's request to proceed in forma pauperis (Doc. No.

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3) to the transferee court.

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Dated:

July 25, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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