Garza v. Amador Superior Court et al
ORDER TRANSFERRING CASE signed by Magistrate Judge Sheila K. Oberto on 11/14/2017. (Sant Agata, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RAUL GARZA JR.,
Case No. 1:17-cv-01494-AWI-SKO
ORDER TRANSFERRING CASE
AMADOR SUPERIOR COURT,
On November 6, 2017, Plaintiff Raul Garza, Jr. filed a complaint against Defendant
22 Amador Superior Court, along with an application to proceed in forma pauperis. (Docs. 1, 2.)
23 The complaint purports to allege claims pursuant to 42 U.S.C. § 1983 for deprivations under the
24 First, Fifth, and Fourteenth Amendments to the U.S. Constitution related to a state-court habeas
25 corpus appeal. (Doc. 1 at 3.)
It appears from a reading of Plaintiffs’ allegations in the complaint that the gravamen of
27 this case arose in the Sacramento Division of the Eastern District of California, and any
28 relationship with the Fresno Division is minimal. Plaintiff Raul Garza is presently incarcerated at
1 the California Correctional Institution in Tehachapi, California, which is located in the Fresno
2 Division. However, the events at issue in the complaint occurred in Amador County, which is part
3 of the Sacramento Division. For these reasons, this case should be transferred to the Sacramento
4 Division of the Eastern Division of California. Pursuant to Local Rule 120(f), a civil action which
5 has not been commenced in the proper court may, on the Court=s own motion, be transferred to the
6 proper court.
Accordingly, good cause appearing, IT IS HEREBY ORDERED that:
This case is transferred to the Sacramento Division of the United States District
Court for the Eastern District of California; and
All future filings shall refer to the new Sacramento case number assigned and shall
be filed at:
United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814
This Court has not ruled on Plaintiffs’ request to proceed in forma pauperis (Doc. 2).
16 IT IS SO ORDERED.
November 14, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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