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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 15 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., 16 Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 19 U.S.C. § 1983, together with an application to proceed in forma pauperis pursuant to 28 U.S.C. 20 § 1915 and an “order to show cause for an [sic] preliminary injunction & a temporary restraining 21 order.” 22 In his complaint, Plaintiff alleges violations of his civil rights by defendants. The alleged 23 violations appear to have taken place in both Solano County (which is in the Eastern District of 24 California) and San Diego County. Based on the complaint, it appears that Plaintiff intended to 25 file his complaint in the Eastern District of California, which he did. However, because Solano 26 County is part of the Sacramento Division of the Eastern District of California, the complaint 27 should have been filed in the Sacramento Division. 28 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 1 1 court may, on the Court’s own motion, be transferred to the proper court. Therefore, this action 2 will be transferred to the Sacramento Division. This Court will not rule on Plaintiff's application 3 to proceed in forma pauperis or his “order to show cause for an [sic] preliminary injunction & a 4 temporary restraining order.” 5 Good cause appearing, IT IS HEREBY ORDERED that: 6 1. This action is transferred to the United States District Court for the Eastern District of 7 8 9 California sitting in Sacramento; 2. All future filings shall refer to the new Sacramento case number assigned and shall be filed at: 10 United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814 11 12 13 14 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.” 15 16 17 18 IT IS SO ORDERED. Dated: October 17, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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