(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.]

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