(PC) Martinez v. Rios ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD F. MARTINEZ, 1:24-cv-01073-HBK (PC) 12 Plaintiff, 13 v. ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 14 C. RIOS, EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO 15 Defendant. DIVISION 16 17 18 Plaintiff, a state prisoner, initiated this action by filing a pro se civil rights complaint 19 under 42 U.S.C. § 1983 on September 11, 2024. (Doc. No. 1, “Complaint’). Plaintiff did not 20 accompany his Complaint with the filing fee or an application to proceed in forma pauperis. A 21 review of the Complaint reveals that the events giving rise to the cause of action occurred at High 22 Desert State Prison, which is in Lassen County. Thus, Plaintiff should have filed his complaint in 23 the Sacramento Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River 24 County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 25 1983 action). 26 Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper 27 court may, on the court’s own motion, be transferred to the correct court. The Court finds it in 28 the interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. § 1406(a) 1 | and Local Rule 120(f). 2 Accordingly, it is ORDERED: 3 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of 4 | this Court and close the case in this division. 5 2. All future filings shall refer to the new Sacramento case number assigned and shall be 6 | filed at: 7 United States District Court Eastern District of California 8 501 "I" Street, Suite 4-200 Sacramento, CA 95814 9 10 Xf, 11 | Dated: _September 11, 2024 (hyo Th. Pareh Zack HELENA M. BARCH-KUCHTA 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28