Hill v. California Department of Correction

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISON

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DERRICK HILL,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 24-cv-03343-VKD
ORDER OF TRANSFER

v.
CALIFORNIA DEPARTMENT OF
CORRECTION,
Defendant.

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Derrick Hill, a state prisoner currently housed at High Desert State Prison in Susanville,

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California, filed a complaint in which he alleges he suffered inadequate medical treatment and

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excessive force while at Sacramento State Prison, where he was previously incarcerated. Dkt. No.

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1. The Clerk of the Court has sent Mr. Hill a notice of the need to file a correct in forma pauperis

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application. Dkt. No. 3.

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Sacramento State Prison is in Folsom, California, which is in Sacramento County.

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Because the acts complained of appear to have occurred in Sacramento County, which lies within

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the Eastern District of California, see 28 U.S.C. § 84(b), venue properly lies in that district and not

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in this one. See 28 U.S.C. § 1391(b). This Court has discretion to either dismiss the case for

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incorrect venue or transfer it to the proper federal court “in the interest of justice.” See 28 U.S.C.

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§ 1406(a). The Court concludes that the interests of justice are best served by the immediate

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transfer of this action to the United States District Court for the Eastern District of California.

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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.

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IT IS SO ORDERED.
Dated: June 5, 2024

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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