Bobby Harker v. Stacy Zigler et al

Filing 37

ORDER TRANSFERRING Action to SACRAMENTO Division, signed by Magistrate Judge Gary S. Austin on 7/1/13: New Case Number 2:13-cv-01305 TLN CKD. Old Case Number 1:13-cv-00968 LJO GSA.(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOBBY HARKER,

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No. 13-cv-968 LJO-GSA

Plaintiff,
v.

ORDER TRANSFERRING ACTION
TO SACRAMENTO DIVISION

STACY ZIGLER;TIM VIRGA; GREG
ANDERSON; LORI RODRIGUEZ;
RHONDA CARTER; and JOHN DOES,
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Defendants.
This case was transferred to this District from the United States District Court for the
Central District of California on June 25, 2013. (Doc. 35). A review of the complaint reveals
that the events giving rise to this action took place at the Correctional Treatment Center at the

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California State Prison –Sacramento. This facility is located in Sacramento County and lies

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within the jurisdictional boundaries of the Sacramento Division of the United States District

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Court for the Eastern District of California. See Local Rule 120(d).

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Title 28 of the United States Code Section 1391(b) provides :

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A civil action wherein jurisdiction is not founded solely on diversity of citizenship may,
except as otherwise provided by law, be brought only in (1) a judicial district where any
defendant resides, if all defendants reside in the same State, (2) a judicial district in which
a substantial part of the events or omissions giving rise to the claim occurred, or a

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substantial part of property that is the subject of the action is situated, or (3) a judicial
district in which any defendant may be found, if there is no district in which the action
may otherwise be brought.

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Pursuant to Local Rule 120(f), a Court may transfer an action to another venue within the

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district when the action has not been commenced in the proper court. The court is transferring
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this action to the Sacramento Division of the Eastern District of California because Plaintiff has

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named several defendants all who reside in Sacramento County. See 28 U.S.C. § 1391(b)(1).

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Moreover, as previously noted, the actions giving rise to Plaintiff’s complaint all arose in

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Sacramento County. See 28 U.S.C. § 1391(b)(2). Good cause appearing, IT IS HEREBY

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ORDERED that this matter is TRANSFERRED to the Sacramento Division of the United States
District Court for the Eastern District of California.

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IT IS SO ORDERED.

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Dated:

July 1, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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