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