Buchanan v. Warden et al

Filing 4

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:17-cv-1497-EFB) to Fresno (1:17-cv-0990-SAB) signed by Magistrate Judge Edmund F. Brennan on 7/26/2017. (Henshaw, R)

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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 CRAIG BUCHANAN, 12 No. 2:17-cv-1497-EFB P Plaintiff, 13 v. 14 SHIPMAN, et al., 15 ORDER Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He alleges that eighteen years ago, he acquired the Hepatitis C virus while housed 19 at Corcoran State Prison. ECF No. 1 at 4. He is currently housed at High Desert State Prison 20 (“HDSP”) and names the HDSP Warden as a defendant. Id. at 1. He also names as defendants a 21 doctor employed at Salinas Valley State Prison, and two doctors employed at Corcoran State 22 Prison. Id. at 4. He alleges generally, that “defendants” refused to carry out a treatment plan and 23 violated his rights under the Eighth Amendment. Id. at 5, 6. Although vague, the allegations 24 suggest that plaintiff’s claims arose at Corcoran State Prison, which is in Kings County. Kings 25 County is in the Fresno Division of the United States District Court for the Eastern District of 26 California, and this action should have been commenced there. E.D. Cal. Local Rule 120(d). 27 Where a civil action has not been commenced in the proper division of a court, the court may, on 28 its own motion, transfer the action to the proper division. E.D. Cal. Local Rule 120(f). 1 1 Accordingly, it is hereby ordered that: 2 1. This action is transferred to the Fresno Division. 3 2. The Clerk of Court shall assign a new case number. 4 3. All future filings shall bear the new case number and shall be filed at: 5 6 7 8 United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721 DATED: July 26, 2017. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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