(PC) Montgomery v. Moreno ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE STEVEN MONTGOMERY, Case No. 1:22-cv-00078-HBK 12 Plaintiff, ORDER DIRECTING TRANSFER OF CASE TO THE SACRAMENTO DIVISION 13 v. (Doc. No. 1) 14 J. MORENO, K. KIRKENDALL, C. LAMONT, PATRICK COVELLO, C. 15 WILLIAMS, S. WONG, G. SMITH, S. GATES, B. HOLMES, R. ROY, 16 Defendants. 17 18 Plaintiff Dwayne Montgomery initiated this action proceeding pro se by filing a prisoner 19 civil rights complaint under 42 U.S.C. § 1983 on January 20, 2022. (Doc. No. 1). Plaintiff 20 neither paid the filing fee, nor accompanied the filing of his complaint with an application to 21 proceed in forma pauperis. (See docket). Plaintiff filed the complaint while incarcerated at Mule 22 Creek State Prison (“MCSP”) located in Ione, California in Amador County. The incidents 23 giving rise to the cause of action also appear to have all occurred at MCSP. Because the events 24 giving rise to the cause of action occurred in Amador County, also where Defendants appear to 25 work, Plaintiff should have filed his complaint in the Sacramento Division of this Court. See 28 26 U.S.C. § 1391(b); see also Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) 27 (reviewing federal court jurisdiction and venue in a § 1983 action). Pursuant to Local Rule 28 120(f), a civil action which has not been commenced in the proper court may, on the court’s own 1 | motion, be transferred to the correct court. The Court finds it in the interests of justice to transfer 2 | this case to the Sacramento Division under 28 U.S.C. § 1406(a). 3 Accordingly, it is ORDERED: 4 The Clerk of Court is directed to transfer this action to the Sacramento Division of this 5 Court. 6 Dated: _ January 21,2022 Mihaw. Th fareh Hack 8 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28