Hoffmann et al v. Bovee et al

Filing 3

ORDER TRANSFERRING CASE signed by Magistrate Judge Sheila K. Oberto on 8/23/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 KASEY F. HOFFMAN and CHANCE M. SIMONI, Plaintiffs, 15 16 17 18 19 Case No. 1:17-cv-01113-LJO-SKO ORDER TRANSFERRING CASE v. DEENA BOVEE, CASEY M. SIMONI, and LASSEN FAMILY SERVICES, Defendants. _____________________________________/ 20 21 22 On August 18, 2017, Plaintiffs Kasey F. Hoffman and Chance M. Simoni filed a complaint 23 against Defendants Deena Bovee, Casey M. Simoni, and Lassen Family Services, along with an 24 application to proceed in forma pauperis. (Docs. 1 & 2.) The complaint purports to allege claims 25 pursuant to 42 U.S.C. § 1983 and the Indian Child Welfare Act for deprivations of due process 26 and equal protection, apparently arising from a custody dispute with Defendant Casey M. Simoni. 27 It is apparent from a reading of Plaintiffs’ allegations in the complaint that the gravamen of 28 this case arose in the Sacramento Division of the Eastern District of California, and any 1 relationship with the Fresno Division is minimal. Plaintiff Kasey F. Hoffman is presently 2 incarcerated at the California Substance Abuse Treatment Facility in Corcoran, California, which 3 is located in the Fresno Division. However, the events at issue in the complaint occurred in 4 Lassen County, which is part of the Sacramento Division. All of the named defendants appear to 5 reside in the Sacramento Division. For these reasons, this case should be transferred to the 6 Sacramento Division of the Eastern Division of California.1 Pursuant to Local Rule 120(f), a civil 7 action which has not been commenced in the proper court may, on the Court=s own motion, be 8 transferred to the proper court. Accordingly, good cause appearing, IT IS HEREBY ORDERED that: 9 1. 10 This case is transferred to the Sacramento Division of the United States District Court for the Eastern District of California; and 11 2. 12 All future filings shall refer to the new Sacramento case number assigned and shall be filed at: 13 United States District Court Eastern District of California 501 “I” Street, Suite 4-200 Sacramento, CA 95814 14 15 16 This Court has not ruled on Plaintiffs’ request to proceed in forma pauperis (Doc. 2). 17 18 IT IS SO ORDERED. 19 20 Dated: August 23, 2017 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 1 Plaintiff Kasey F. Hoffman has filed several cases in the Sacramento Division of the U.S. District Court for the Eastern District of California asserting claims against Lassen County, Lassen Child Family Services, Ms. Bovee, Ms. Simoni, and other agencies in Lassen County. (See, e.g., Hoffman v. Lassen County, 2:15-cv-01382-GEB-DB (PC) (E.D. Cal. 2015); Hoffman v. Lassen Adult Detention Facility, 2:15-cv-01558-JAM-KJN (PC) (E.D. Cal. 2015); Hoffman v. Lassen County, 2:16-cv-00946-JAM-AC (PS) (E.D. Cal. 2016); Hoffman v. Lassen County, 2:17-cv01734-WBS-EFB (E.D. Cal. 2017)). As of the date of this Order, Plaintiff has 14 pending cases in the Sacramento and Fresno Divisions of the U.S. District Court for the Eastern District of California. 2

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