Honesto v. Brown et al

Filing 16

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:15-cv-0076 JAM AC) to Fresno (1:17-cv-0467 EPG) signed by Magistrate Judge Allison Claire on 03/31/17. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER HONESTO, 12 13 14 15 No. 2:15-cv-0076 JAM AC P Plaintiff, v. ORDER GOVERNOR JERRY BROWN, et al., Defendants. 16 17 Plaintiff is a state prisoner currently incarcerated at Chuckawalla State Prison who 18 proceeds pro se with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff 19 challenges the conditions of his prior confinement at Avenal State Prison leading to his alleged 20 contraction of Coccidioidomycosis or “Valley Fever.” This court has screened plaintiff’s 21 complaint pursuant to 28 U.S.C. § 1915A, dismissed the complaint with leave to amend, and 22 denied plaintiff’s motion for preliminary injunctive relief. However, should plaintiff file an 23 amended complaint stating cognizable claims, the witnesses and evidence necessary for resolution 24 of plaintiff’s claims will be more readily available within the boundaries of the Fresno Division of this 25 court where Avenal State Prison is located (Kings County). 26 The federal venue statute provides in pertinent part that a civil action may be brought in a 27 judicial district in which occurred a substantial part of the events or omissions giving rise to the 28 action. See 28 U.S.C. § 1391(b)(2). In the interest of justice, a federal district court may transfer 1 1 a case to the most appropriate division of that court. See 28 U.S.C. § 1406(a). Therefore, in the 2 interest of justice, this court will transfer this action to the Fresno Division of this district court. 3 Accordingly, good cause appearing, IT IS HEREBY ORDERED that: 4 1. This action is transferred to the Fresno Division of the United States District Court for 5 6 7 8 9 10 11 12 the Eastern District of California; and 2. All future filings shall reference the newly assigned Fresno case number and shall be filed at: United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 SO ORDERED. DATED: March 31, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?