Sermeno v. Flener

Filing 3

ORDER transferring case to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Stanley A. Boone on 4/25/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LARRY ALTAMIRANO SERMENO,

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Plaintiff,

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Case No. 1:18-cv-00542-LJO-SAB
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA

v.
KIMBERLY FLENER,
Defendant.

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On April 23, 2018, Plaintiff Larry Altamirano Sermeno, a state prisoner proceeding pro

18 se, filed a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff has also filed
19 an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.)
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In his complaint, Plaintiff alleges that Defendant is the Clerk of the Butte County

21 Superior Court.

He alleges that Defendant violated his due process rights by requiring

22 subordinate clerks to rely solely on the charging documents and not the plea deal or oral
23 pronouncement to record the judgment on the abstract of judgment.

He alleges that the

24 subordinate clerk in his case followed this policy and marked a box limiting his ability to earn
25 credits. The alleged violations took place in Butte County.
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Therefore, intradistrict venue lies in the Sacramento Division of the Eastern District of

27 California. L.R. 120(d). Local Rule 120(f) provides that a civil action which has not been
28 commenced in the proper court may, on the court’s own motion, be transferred to the proper

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1 court. Therefore, this action will be transferred to the Sacramento Division. This court will not
2 rule on Plaintiff’s pending application to proceed in forma pauperis.
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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 California sitting in Sacramento;

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2.

This court has not ruled on Plaintiff’s request to proceed in forma pauperis; and

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3.

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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Dated:

April 25, 2018
UNITED STATES MAGISTRATE JUDGE

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