(PC)Johnson v. Couello et al

Filing 4

ORDER TRANSFERRING CASE to the SACRAMENTO Division of the Eastern District of California signed by Magistrate Judge Helena M. Barch-Kuchta on 9/7/2021. New Case Number 2:21-cv-01605-DMC(PC). Old Case Number 1:21-cv-01336-HBK(PC).(Sant Agata, S)

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Case 2:21-cv-01605-DMC Document 4 Filed 09/08/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 1:21-cv-01336-HBK (PC) SEDRIC EUGENE JOHNSON, Plaintiff, ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA v. P. COUELLO, et al., Defendants. 16 17 Before the Court is Plaintiff Sedric Eugene Johnson’s pro se 42 U.S.C. § 1983 complaint 18 filed on September 7, 2021. (Doc. No. 1). Plaintiff did not pay the filing fee or accompany his 19 complaint with an application to proceed in forma pauperis. Plaintiff filed the complaint while he 20 was incarcerated in California Correctional Institution, Tehachapi. (See Id.). According to the 21 allegations in the complaint, the events which give rise to Plaintiff’s claims took place while 22 Plaintiff was incarcerated in Mule Creek State Prison, located in Amador County, California. 23 (Doc. No. 1 at 1-2). Because the events giving rise to the cause of action occurred in Amador 24 County, which is within the venue of the Sacramento Division, Plaintiff should have filed the 25 complaint in the Sacramento Division of this Court. See 28 U.S.C. § 1391(b)(1)-(2); see also 26 Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court 27 jurisdiction and venue in a § 1983 action). Pursuant to Local Rule 120(f), a civil action which has 28 not been commenced in the proper court may, on the court’s own motion, be transferred to the 1 Case 2:21-cv-01605-DMC Document 4 Filed 09/08/21 Page 2 of 2 1 correct court. The Court finds it in the interests of justice to transfer this case under 28 U.S.C. § 2 1406(a). 3 Accordingly, it is ORDERED: 4 1. 5 The Clerk of Court is directed to transfer this action to the Sacramento Division of the United States District Court for the Eastern District of California and close this case. 6 2. All future pleadings shall refer to the new Sacramento case number assigned and 7 shall be mailed to United States District Court, Eastern District of California 501 “I” Street, Suite 8 4-200, Sacramento, CA 95814 for filing. 9 10 11 Dated: September 7, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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