Bell v. Harringon, et al

Filing 42

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:09-cv-2426 JAM EFB PC) to Fresno (1:12-cv-0349 GBC PC) signed by Magistrate Judge Edmund F. Brennan on 3/8/2012; all dates set in this action are VACATED.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HORACE ANDREW BELL,
Plaintiff,

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No. CIV S-09-2426 JAM EFB P

vs.
KELLY HARRINGTON, et al.,
Defendants.

ORDER
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought

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under 42 U.S.C. § 1983. This action proceeds on the November 3, 2010 amended complaint

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against defendants Biter, Kurz, Brubaker, Romero, Lawless, Cano, Doran, and Flippo. Dckt.

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Nos. 13, 14. The complaint does not specifically allege where plaintiff’s claims arose, but

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copies of plaintiff’s administrative appeals, attached to the complaint, indicate that at least some

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of the allegations relate to events that purportedly occurred at Kern Valley State Prison. See

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Dckt. No. 13 at 10, 13-17. Defendants’ answer, filed September 9, 2011, confirms that they

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were employed at Kern Valley State Prison. Dckt. No. 29 ¶¶ VI, VIII. Kern Valley State Prison

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is in Kern County, which is in the Fresno Division of this court. It is now evident that plaintiff

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claims his civil rights were violated in Kern County and that this action should have been

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commenced in Fresno. See Local Rule 120(d), (f). Because this court is transferring the action,
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it does not rule on the parties’ pending discovery motions, see Dckt. Nos. 33, 35, 36, 38. See

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Utah v. American Pipe & Constr. Co., 316 F. Supp. 837, 839 (C.D. Cal. 1970).

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Accordingly, it is hereby ordered that:

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1. All dates set in this action are vacated;

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2. This action is transferred to the Fresno Division;

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3. The Clerk of Court shall assign a new case number; and

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4. 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

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Dated: March 8, 2012.

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