(PC) Tan v. Yuba County Jail ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH EDWARD TAN, 1:24-cv-00138 HBK (PC) 12 Plaintiff, 13 v. ORDER TRANSFERING CASE TO SACRAMENTO DIVISION OF THE 14 YUBA COUNTY JAIL, et al., EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO 15 Defendants. DIVISION 16 17 18 Plaintiff, a prisoner, initiated this pro se action on January 31, 2024 by filing a civil rights 19 complaint under 42 U.S.C. § 1983 accompanied with an application to proceed in forma pauperis 20 and motion to appoint counsel. (Doc. Nos. 1, 2, 3). Because the events giving rise to the cause of 21 action occurred in the Yuba County Jail, which is located in Marysville, California, Plaintiff 22 should have filed his complaint in the Sacramento Division of this Court. See 28 U.S.C. § 23 1391(b); see also Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing 24 federal court jurisdiction and venue in a § 1983 action). Pursuant to Local Rule 120(f), a civil 25 action which has not been commenced in the proper court may, on the court’s own motion, be 26 transferred to the correct court. The Court finds it in the interests of justice to transfer this case to 27 the Sacramento Division under 28 U.S.C. § 1406(a) and Local Rule 120(f). 28 //// 1 Accordingly, it is ORDERED: 2 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of 3 | this Court and close the case in the Fresno Division. 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 9 3. This Court defers rulings on Plaintiff's motion to proceed in forma pauperis and 10 | motion to appoint counsel (Doc. Nos. 2, 3) to the transferee court. 11 12 | Dated: __February 8, 2024 Milne. hares fackte 13 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28