(PS) Ysaguirre v. Rodriguez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAID YSAGUIRRE, 1:23-cv-00254-HBK (PC) 12 Plaintiff, 13 v. ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION 14 R. RODRIGUEZ, and SACRAMENTO COUNTY SHERIFF DEPARTMENT, 15 Defendants. 16 17 18 Plaintiff, a state prisoner proceeding pro se, initiated this action by filing a civil rights 19 complaint pursuant to 42 U.S.C. § 1983, accompanied with an application to proceed in forma 20 pauperis pursuant to 28 U.S.C. § 1915. (Doc. Nos. 1, 2). The complaint alleges violations of 21 Plaintiff’s civil rights by defendants. The alleged violations took place in Sacramento County, 22 which is part of the Sacramento Division of the United States District Court for the Eastern 23 District of California. Therefore, the complaint should have been filed in the Sacramento 24 Division. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River County, 64 F.3d 470, 474 25 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 1983 action). The Court 26 finds it in the interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. 27 § 1406(a) and Local Rule 120(f). The court will not rule on plaintiff's application to proceed in 28 forma pauperis. 1 Accordingly, it is ORDERED: 2 1. The Clerk of Court shall TRANSFER this action to the United States District Court for 3 | the Eastern District of California, Sacramento Division; and A 2. All future filings shall refer to the new Sacramento case number assigned and shall be 5 | filed at: 6 United States District Court Eastern District of California 7 501 "I" Street, Suite 4-200 Sacramento, CA 95814 8 9 3. The court defers the ruling on plaintiff's application to proceed in forma pauperis to the 10 transferee court. 11 | Dated: __February 22, 2023 Kole N.fareA Zaskth D HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28