Contreraz v. Ibarra, et al

Filing 10

ORDER signed by Magistrate Judge Craig M. Kellison on 10/11/11 ORDERING that plaintiffs motion to have this action transferred back to the Fresno division of the United States District Court for the Eastern District of California 5 , 6 is GRANTED.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOFOFORA EVA CONTRERAZ, 12 No. CIV S-11-2464-CMK-P Plaintiff, 13 vs. 14 D. IBARRA, et al., 15 16 ORDER Defendants. / 17 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for this case to be returned to 19 the Fresno division of this court (Docs. 5, 6). 20 Plaintiff, who is currently house at High Desert State Prison, originally filed this 21 action with the Fresno division of this court, case number 1:11cv1523-GBC. On September 16, 22 2011, the Fresno division transferred this case to the Sacramento division. However, as plaintiff 23 points out in his current motion, the alleged civil rights violations raised in his complaint did not 24 occur at his current housing location, but rather occurred at his former location, the California 25 Substance Abuse Treatment Facility and State Prison, which is located in Corcoran, California. 26 Corcoran is located in Kings County, which is within the boundaries of the Fresno division of the 1 1 United States District Court for the Eastern District of California. See Local Rule 120(b). The 2 court therefore agrees that this case was transferred in error, and should be transferred back to the 3 Fresno division. 4 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to have this 5 action transferred back to the Fresno division of the United States District Court for the Eastern 6 District of California (Docs. 5, 6) is granted. 7 8 9 10 DATED: October 11, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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