Hamilton v. Mule Creek State Prison, et al.

Filing 3

ORDER TRANSFERRING Case to the SACRAMENTO Division of the Eastern District of California. New Case Number 2:13-cv-01143 CMK (PC). Old Case Number 1:13-cv-00838 GSA (PC), signed by Magistrate Judge Gary S. Austin on 6/6/13. (Hellings, J)

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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 12 DAVID HAMILTON, 13 Plaintiff, 14 15 1:13-cv-00838 GSA (PC) ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA vs. MULE CREEK STATE PRISON, et al., 16 Defendants. 17 / 18 19 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 20 In his complaint, plaintiff alleges violations of his civil rights by defendants. The alleged 21 violations took place in Amador County, which is part of the Sacramento Division of the United 22 States District Court for the Eastern District of California. Therefore, the complaint should have 23 been filed in the Sacramento Division. 24 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 25 court may, on the court’s own motion, be transferred to the proper court. Therefore, this action will 26 be transferred to the Sacramento Division. This court will not rule on plaintiff's request to proceed in 27 forma pauperis. 28 /// -1- 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. This action is transferred to the United States District Court for the Eastern District of 3 California sitting in Sacramento; and 4 5 2. All future filings shall refer to the new Sacramento case number assigned and shall be filed at: 6 United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814 7 8 9 3. This court has not ruled on plaintiff's request to proceed in forma pauperis. 10 IT IS SO ORDERED. 11 Dated: 220hhe June 6, 2013 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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