Sermeno v. Monterey County Superior Court et al

Filing 11

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:16-cv-2021 KJM CKD PC) to Fresno (1:17-cv-0036 JLT PC) signed by Magistrate Judge Carolyn K. Delaney on 1/10/2017. (Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

LARRY ALTAMIRANO SERMENO,

11

Plaintiff,

12
13
14

No. 2:16-cv-2021 KJM CKD P

v.

ORDER

MONTEREY COUNTY SUPERIOR
COURT, et al.,
Defendants.

15

Plaintiff, a California prisoner proceeding pro se, has filed a civil action challenging

16
17

conditions of confinement at the California Substance Abuse Treatment Facility in Corcoran.1

18

Corcoran is in Kings County, which is part of the Fresno Division of the United States District

19

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

20

Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper

21

division of this court may, on the court’s own motion, be transferred to the proper division of the

22

court. Therefore, this action will be transferred to the Fresno Division of the court.

23

/////

24
1

25
26
27
28

Plaintiff’s complaint is submitted on the court’s form-application for a writ of habeas corpus
under 28 U.S.C. § 2254 which is used by state prisoners challenging their confinement or
duration thereof. See Nettles v. Grounds, 830 F.3d 922, 927 (9th Cir. 2016). However, to the
extent plaintiff states any claim upon which relief might be granted, plaintiff challenges the
conditions at his place of confinement. While plaintiff asks for release from prison as a result of
the conditions of his confinement, nothing suggests an adequate remedy would be, at most,
transfer to a different prison.
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
4
5

California sitting in Fresno; and
2. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

6
7
8

Dated: January 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14

1
serm2021.fres

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2