Johnson v. California Department of Corrections and Rehabilitation, et al.

Filing 4

ORDER signed by Magistrate Judge Erica P. Grosjean on 10/17/2017. Case Transferred to the Sacramento Division. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:17-cv-01385-EPG (PC)

RAPHAEL MAURICE JOHNSON,

ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983, together with an application to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915 and an “order to show cause for an [sic] preliminary injunction & a temporary restraining

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order.”

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In his complaint, Plaintiff alleges violations of his civil rights by defendants. The alleged

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violations appear to have taken place in both Solano County (which is in the Eastern District of

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California) and San Diego County. Based on the complaint, it appears that Plaintiff intended to

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file his complaint in the Eastern District of California, which he did. However, because Solano

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County is part of the Sacramento Division of the Eastern District of California, the complaint

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should have been filed in the Sacramento Division.

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Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper
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court may, on the Court’s own motion, be transferred to the proper court. Therefore, this action

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will be transferred to the Sacramento Division. This Court will not rule on Plaintiff's application

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to proceed in forma pauperis or his “order to show cause for an [sic] preliminary injunction & a

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temporary restraining order.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Sacramento;
2. All future filings shall refer to the new Sacramento case number assigned and shall be
filed at:

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United States District Court
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814

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3. This Court has not ruled on Plaintiff's application to proceed in forma pauperis or his
“order to show cause for an [sic] preliminary injunction & a temporary restraining order.”

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IT IS SO ORDERED.
Dated:

October 17, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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