(PC) Carino v. Heath ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID Y. CARINO, 1:22-cv-01235-BAK (HBK) (PC) 12 Plaintiff, 13 v. ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 14 JUSTIN HEATH, et al., EASTERN DISTRICT OF CALIFORNIA 15 Defendants. 16 17 Plaintiff, a state prisoner, initiated this case by filing a pro se civil rights action pursuant 18 to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 19 1915. (Doc. Nos. 1, 2). 20 Because the events giving rise to the cause of action occurred at the California Medical 21 Facility (CMF), Vacaville, which is located in Solano County, Plaintiff should have filed his 22 complaint in the Sacramento Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. 23 Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and 24 venue in a § 1983 action). Pursuant to Local Rule 120(f), a civil action which has not been 25 commenced in the proper court may, on the court’s own motion, be transferred to the correct 26 court. The Court finds it in the interests of justice to transfer this case to the Sacramento Division 27 under 28 U.SC. § 1406(a). 28 //// 1 Accordingly, it is ORDERED: 2 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of this 3 | Court. 4 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 3 Sacramento, CA 95814 10 Dated: _ September 29, 2022 oe Zh. Sareh Zackte HELENA M. BARCH-KUCHTA 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28