Davis v. Seihel et al

Filing 3

ORDER Transferring Case to the Sacramento Division of the Eastern District of California, signed by Magistrate Judge Stanley A. Boone on 5/16/18. New Case Number 2:18-cv-01261-EFB. Old Case Number 1:18-cv-0657-SAB. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:18-cv-00657-SAB (PC)

JEROME MARKIEL DAVIS,
Plaintiff,

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

v.
KIMBERLY A. SEIHEL,
Defendant.

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Plaintiff Jerome Markiel Davis, a state prisoner proceeding pro se, has filed a civil rights

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action pursuant to 42 U.S.C. ' 1983, together with a request to proceed in forma pauperis

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pursuant to 28 U.S.C. ' 1915.

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

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violations took place at Deuel Vocational Institution (“DVI”) near Tracy, California, in San

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Joaquin County, which is part of the Sacramento Division of the United States District Court for

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the Eastern District of California. Plaintiff also indicates that because the events took place at

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DVI, he intended for his action to be filed in the Sacramento Division. Therefore, 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 pending

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motion 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

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California sitting in Sacramento; and

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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 request to proceed in forma pauperis.

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IT IS SO ORDERED.
Dated:

May 16, 2018
UNITED STATES MAGISTRATE JUDGE

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