(PC) Hill v. CDC

Filing 4

ORDER OF TRANSFER to the Eastern District of California. Signed by Magistrate Judge Virginia K. DeMarchi on 6/5/2024. (vkdlc1, COURT STAFF) (Filed on 6/5/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 6/5/2024.]

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISON 7 8 DERRICK HILL, Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 24-cv-03343-VKD ORDER OF TRANSFER v. CALIFORNIA DEPARTMENT OF CORRECTION, Defendant. 13 14 Derrick Hill, a state prisoner currently housed at High Desert State Prison in Susanville, 15 California, filed a complaint in which he alleges he suffered inadequate medical treatment and 16 excessive force while at Sacramento State Prison, where he was previously incarcerated. Dkt. No. 17 1. The Clerk of the Court has sent Mr. Hill a notice of the need to file a correct in forma pauperis 18 application. Dkt. No. 3. 19 Sacramento State Prison is in Folsom, California, which is in Sacramento County. 20 Because the acts complained of appear to have occurred in Sacramento County, which lies within 21 the Eastern District of California, see 28 U.S.C. § 84(b), venue properly lies in that district and not 22 in this one. See 28 U.S.C. § 1391(b). This Court has discretion to either dismiss the case for 23 incorrect venue or transfer it to the proper federal court “in the interest of justice.” See 28 U.S.C. 24 § 1406(a). The Court concludes that the interests of justice are best served by the immediate 25 transfer of this action to the United States District Court for the Eastern District of California. 26 27 28 Accordingly, the Court orders that this action shall be transferred. The Clerk of the Court shall transfer the entire file to the Eastern District of California. 1 2 IT IS SO ORDERED. Dated: June 5, 2024 3 4 VIRGINIA K. DEMARCHI United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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