(PC) Hernandez v. Barajas ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN HERNANDEZ, Case No. 1:21-cv-00408-HBK 12 Plaintiff, ORDER DIRECTING TRANSFER OF CASE TO THE SACRAMENTO DIVISION 13 v. 14 JOHN DOE #1-#4, 15 Defendants. 16 17 Before the court is plaintiff Juan Hernandez’s pro se 42 U.S.C. § 1983 complaint filed on 18 March 15, 2021. (Doc. No. 1). According to the complaint, the events giving rise to the cause of 19 action occurred while plaintiff was incarcerated at the Mule Creek State Prison in Ione, 20 California. Ione is a city located in Amador County, which is within the venue of the Sacramento 21 Division of United States District Court for the Eastern District of California. See E.D. Ca. Local 22 Rule 120(d). 23 Under 28 U.S.C. § 1406(a), “a district court of a district in which is filed a case laying 24 venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer 25 such case to any district or division in which it could have been brought.” Id. (emphasis added). 26 Under 28 U.S.C. § 1391, venue is proper where defendants reside, or where a substantial part of 27 the events or omissions giving rise to the claim occurred. See 28 U.S.C. § 1391(b); Ziegler v. 28 Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and 1 | venue in a § 1983 action). 2 Because the incidents giving rise to plaintiff's claim occurred in Amador County, the 3 | Court finds it is in the interests of justice to transfer this case under 28 U.S.C. § 1406(a) and 4 | Local Rule 120(f) to the Sacramento Division. 5 Accordingly, it is ORDERED: 6 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of the 7 || United States District Court for the Eastern District of California. 8 2. All future filings shall refer to the new Sacramento case number assigned and shall be 9 | filed at: 10 United States District Court Eastern District of California 11 501 "I" Street, Suite 4-200 Sacramento, CA 95814 12 3. As aresult of the transfer, this Court declines to rule on plaintiff's motion to proceed in 13 forma pauperis (Doc. No. 2). 14 15 | IT ISSO ORDERED. 16 17 | Dated: March 16, 2021 Milne. □□ fares Zaskth HELENA M. BARCH-KUCHTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28