Heyer v. Krueger et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/15/2013, CASE TRANSFERRRED to Fresno Division. New Case Number 1:13-cv-1297 DLB (PC). Old Case Number 2:13-cv-1677 EFB (PC). CASE CLOSED. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD D. HEYER,

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No. 2:13-cv-1677-EFB P

Plaintiff,
v.

ORDER

ANGELA KRUEGER, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On August 12, 2013, the United States District Court for the Northern District of

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California transferred this action to this court, on the grounds that “[a] substantial part of the

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events or omissions giving rise to the claim(s) occurred, and the viable defendants named reside,

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in the Counties of Sacramento and/or Tulare, which lie within the venue of the Eastern District of

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California.” ECF No. 3. Though plaintiff is currently confined to California State Prison,

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Sacramento, the complaint does not allege that plaintiff’s claims arose in Sacramento County, or

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that any defendant resides in Sacramento County. See ECF No. 1. Rather, the complaint names

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defendants from Tulare County and Los Angeles County, and it appears as though plaintiff’s

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claims arose in one or both of those counties. See ECF No. 1 at 3 (alleging that defendant

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McNutt, an inmate confined in Lancaster, California, persuaded defendant Krueger, a Tulare

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County Public Defender, to issue an unlawful records request).
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Because Tulare County is in the Fresno Division of the United States District Court for the

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Eastern District of California, this action should have been commenced there. E.D. Cal. Local

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Rule 120(d). Where a civil action has not been commenced in the proper division of a court, the

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court may, on its own motion, transfer the action to the proper division. E.D. Cal. Local Rule

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120(f).

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Accordingly, it is hereby ordered that:

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1. This action is transferred to the Fresno Division.

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2. The Clerk of Court shall assign a new case number.

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3. 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
DATED: August 15, 2013.

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