Gonzalez v. Guirbino et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-335 EFB) to Fresno (1:14-cv-173 SKO) signed by Magistrate Judge Edmund F. Brennan on 2/6/14. (Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EVERETT GALINDO GONZALEZ, 12 No. 2:14-cv-335-EFB P Plaintiff, 13 v. 14 C. GUIRBINO, 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. ECF No. 2. 20 Plaintiff alleges that he has been confined to the Security Housing Unit (“SHU”) at 21 Corcoran State Prison for over thirteen years. ECF No. 1 ¶ 31. He claims that his confinement in 22 the SHU amounts to cruel and unusual punishment in violation of the Eighth Amendment, and 23 infringes upon his right to practice his religion. Id. ¶¶ 31-33, 79-89, 69-78. He also claims he has 24 been retained in the SHU without due process. Id. ¶¶ 31-33. He names approximately 22 25 individuals as defendants. Id. ¶¶ 8-30. 26 Plaintiff refers to his September 12, 2013 appearance in Sacramento before the 27 Departmental Review Board (“DRB”), which apparently elected to retain him in the SHU. See 28 id. ¶¶ 59-68. Plaintiff claims that during these proceedings, the DRB defendants violated his 1 1 First, Fifth, and Fourteenth Amendment rights. Id. ¶ 62. The bulk of plaintiff’s complaint, 2 however, concerns his conditions of confinement in the Corcoran SHU, which is in Kings 3 County, California. In addition, most of the defendants appear to be located in Kings County. 4 Kings County is in the Fresno Division of the United States District Court for the Eastern 5 District of California. For the convenience of the parties and witnesses and in the interest of 6 justice, this action will be transferred to the Fresno Division. Where a civil action has not been 7 commenced in the proper division of a court, the court may, on its own motion, transfer the action 8 to the proper division. E.D. Cal. Local Rule 120(f); see also 28 U.S.C. § 1404(a). 9 Accordingly, it is hereby ordered that: 10 1. This action is transferred to the Fresno Division. 11 2. The Clerk of Court shall assign a new case number. 12 3. All future filings shall bear the new case number and shall be filed at: 13 14 15 16 United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 DATED: February 6, 2014. 17 18 19 20 21 22 23 24 25 26 27 28 2

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