Kirk Joseph v. Schneider et al
Kirk Joseph v. Schneider et al
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KIRK JOSEPH, 1:25-cv-01202-HBK (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO 14 SCHNEIDER et al, DIVISION 15 Defendant. 16 17 Plaintiff, a prisoner, initiated this pro se action by filing a civil rights complaint under 42
18 U.S.C. § 1983. (Doc. No.1).1 Because the events giving rise to the cause of action occurred at 19 California Medical Facility, which is located in Solano County, Plaintiff should have filed his 20 complaint in the Sacramento Division of this Court. See
28 U.S.C. § 1391(b); see also Ziegler v. 21 Indian River County,
64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and 22 venue in a § 1983 action). Pursuant to Local Rule 120(f), a civil action which has not been 23 commenced in the proper court may, on the court’s own motion, be transferred to the correct 24 court. The Court finds it in the interests of justice to transfer this case to the Sacramento Division 25 under
28 U.S.C. § 1406(a) and Local Rule 120(f). 26 Accordingly, it is ORDERED: 27 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of 28 1 | this Court and close the case in this division. 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 DONE AND ORDERED. 7 g | Dated: _ September 15, 2025 Wiha. □□ fares Zackte HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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