(PC) Haynie v. Esquerra ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONELL HAYNIE, Case No. 1:20-cv-01663-HBK (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR TO CHANGE VENUE 13 v. (Doc. No. 11) 14 ANNAMARIE ESQUERRA, ORDER TRANSFERING CASE TO 15 et al., Defendant. SACRAMENTO DIVISION 16 17 Plaintiff, a prisoner, is proceeding pro se and in forma pauperis on his Second Amended 18 Complaint filed on September 1, 2022. (Doc. No. 9). Pending before the Court is Plaintiff’s 19 motion to change venue filed December 9, 2022. (Doc. No. 11). Plaintiff requests the Court 20 transfer this action to the Sacramento Division of this Court because the events complained of in 21 Second Amended Complaint took place in Amador County, the Defendant resides in Stockton, 22 and all witnesses are in Ione, California. (Id. at 1-2). 23 Title 28 U.S.C. § 1391(b) provides venue is appropriate where any defendant resides, 24 where a substantial part of the events or omissions giving raise to the claim occurred, or any 25 district in which a defendant is subject to the personal jurisdiction of the court with respect to the 26 action. Id.; see also Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing 27 federal court jurisdiction and venue in a § 1983 action). While Plaintiff’s initial complaint and 28 first amended complaint (“FAC”) alleged a substantial part of the events that gave rise to his 1 | claims occurred at California State Prison — Corcoran, a substantial part of the events that gave 2 | rise to his Second Amended Complaint, the operative complaint, occurred at Mule Creek State 3 | Prison. (See Doc. Nos. 1, 3, 9). Because the events giving rise to the cause of action occurred at 4 | Mule Creek state Prison, which is located in Amador County, this action should be transferred to 5 | the Sacramento Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River 6 | County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 7 1983 action). Pursuant to Local Rule 120(f), a civil action which has not been commenced in the 8 || proper court may, on the motion of any party, be transferred to the correct court. The Court finds 9 | it in the interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. § 10 | 1406(a) and Local Rule 120(f). 11 Accordingly, it is ORDERED: 12 1. Plaintiff's motion for change of venue (Doc. No. 11) is GRANTED to the extent 13 | the Clerk of Court is directed to transfer this action to the Sacramento Division of this Court. 14 2. All future filings shall refer to the new Sacramento case number assigned and shall 15 | be mailed for filing to: 16 United States District Court Eastern District of California 17 501 "I" Street, Suite 4-200 Sacramento, CA 95814 18 19 59 | Dated: _December 12. 2022 Nebr a. Th. PareA Hack HELENA M. BARCH-KUCHTA 2] UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28