(PC) Kelly v. Newsom, et al.
Filing
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ORDER TRANSFERRING CASE to the Sacramento Division of the Eastern District of California signed by Magistrate Judge Erica P. Grosjean on 1/28/2025. New Case Number 2:25-cv-00382-JDP (PC). Old Case Number 1:25-CV-00111-EPG (PC). (Deputy Clerk JPX)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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1:25-cv-00111-EPG (PC)
JAMES CARL KELLY,
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
EASTERN DISTRICT OF CALIFORNIA
v.
GAVIN NEWSOM, et al.,
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Defendants.
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Plaintiff, an inmate proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C.
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§ 1983.
This case was transferred from the Northern District of California, with United States
District Judge Jon S. Tigar describing the basis for transfer as follows:
Plaintiff, an inmate previously housed at California Healthcare Facility (“CHF”)
and currently housed at Kern Valley State Prison (“KVSP”), has filed a pro se civil
rights action pursuant to 42 U.S.C. § 1983 against California Governor Gavin
Newsom and the following CHF officials: warden Gina Jones, sergeant C. Tennis,
and correctional officer Chinne. ECF No. 1. The events or omissions giving rise to
Plaintiff’s claim(s) occurred at California Healthcare Facility, and Plaintiff seeks
relief from CHF Prison employees or prison officials, and from Governor Newsom
in his capacity as supervisor of KVSP, where Plaintiff is currently housed.
California Healthcare Facility is located in San Joaquin County, which lies within
the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Venue
therefore properly lies in the Eastern District. See id. § 1391(b). Accordingly, IT IS
ORDERED that, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this
action be TRANSFERRED to the United States District Court for the Eastern
District of California.
(ECF No. 9, p. 1) (emphasis added).
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As noted above, the relevant events or omissions occurred at California Healthcare
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Facility. This facility is located in Stockton, California, which is located in San Joaquin County.
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Under Local Rule 120(d), allegations arising in San Joaquin County shall proceed in the
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Sacramento Division of the United States District Court for the Eastern District of California.
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Notably, Plaintiff filed a case against the same Defendants concerning allegations that took place
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at California Healthcare Facility, which case was addressed in Case No. 2:24-cv-02462-KJM-JDP
in the Sacramento Division.
Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper
court may, on the court’s own motion, be transferred to the proper court. Here, the Court
concludes that this case should proceed in the Sacramento Division.
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Accordingly, IT IS ORDERED that:
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1. This action is transferred to the United States District Court for the Eastern District of
California sitting in Sacramento; and
2. All future filings shall refer to the new Sacramento case number assigned and shall be
filed at:
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United States District Court
Eastern District of California
501 "I" Street, Suite 4-200
Sacramento, CA 95814
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IT IS SO ORDERED.
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Dated:
January 28, 2025
/s/
UNITED STATES MAGISTRATE JUDGE
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