(PS) Gradford v. Perez et al

Filing 4

ORDER TRANSFERRING CASE TO SACRAMENTO DIVISION of the Eastern District of California signed by Magistrate Judge Helena M. Barch-Kuchta on 7/25/2024. New Case Number 2:24-cv-02012-TLN-JDP. Old Case Number 1:24-cv-00714-KES-HBK. (Lawrence, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JAMES GRADFORD JR., 12 13 14 15 Plaintiff, v. A. PEREZ, WARDEN, and UNITED STATES, Case No. 1:24-cv-000714-KES-HBK (PC) ORDER TRANSFERING CASE TO SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO DIVISION Defendants. 16 17 18 19 Plaintiff, a prisoner, initiated this pro se action by filing a civil rights complaint under 42 20 U.S.C. § 1983 and subsequently filing an application to proceed in forma pauperis on July 24, 21 2024. (Doc. Nos. 1, 3). Because the events giving rise to the cause of action occurred in Ceres, 22 CA, which is in Stanislaus County, Plaintiff should have filed his complaint in the Sacramento 23 Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River County, 64 F.3d 24 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 1983 action). 25 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper court 26 may, on the court’s own motion, be transferred to the correct court. The Court finds it in the 27 interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. § 1406(a) and 28 Local Rule 120(f). 1 Accordingly, it is ORDERED: 2 1. 3 this Court and close the case in this division. 2. All future filings shall refer to the new Sacramento case number assigned and shall be 4 5 The Clerk of Court is directed to transfer this action to the Sacramento Division of filed at: 6 United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814 7 8 3. This Court defers rulings on Plaintiff's request to proceed in forma pauperis (Doc. No. 9 10 3) to the transferee court. 11 12 Dated: July 25, 2024 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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