(PC) West v. Cortez ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERRY WEST, JR., 1:22-cv-01341-HBK (PC) 12 Plaintiff, 13 v. ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 14 CORTEZ, et al., EASTERN DISTRICT OF CALIFORNIA 15 Defendants. 16 17 Plaintiff, a prisoner, initiated this pro se action by filing a civil rights complaint under 42 18 U.S.C. § 1983 accompanied by an application to proceed in forma pauperis. (Doc. Nos. 1, 2). 19 Because the events giving rise to the cause of action occurred at High Desert State Prison, which 20 is located in Lassen County, Plaintiff should have filed his complaint in the Sacramento Division 21 of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River County, 64 F.3d 470, 474 22 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 1983 action). Pursuant to 23 Local Rule 120(f), a civil action which has not been commenced in the proper court may, on the 24 court’s own motion, be transferred to the correct court. The Court finds it in the interests of 25 justice to transfer this case to the Sacramento Division under 28 U.S.C. § 1406(a) and Local Rule 26 120(f). 27 Accordingly, it is ORDERED: 28 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of 1 this Court. 2 2. All future filings shall refer to the new Sacramento case number assigned and shall be 3 || filed at: 4 United States District Court Eastern District of California 5 501 "I" Street, Suite 4-200 Sacramento, CA 95814 6 7 3. This court has not ruled on plaintiff's request to proceed in forma pauperis (Doc. No. g | 2). 9 10 | Dated: _ October 24, 2022 Moan fares Back 11 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28