(PC) Carrasco Carrasco v. Stanislaus County Sheriff

E.D. California

(PC) Carrasco Carrasco v. Stanislaus County Sheriff

DecidedApril 15, 2024

Docket2:24-cv-01110

StatusUnknown

This text of (PC) Carrasco Carrasco v. Stanislaus County Sheriff ((PC) Carrasco Carrasco v. Stanislaus County Sheriff) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC) Carrasco Carrasco v. Stanislaus County Sheriff, (E.D. Cal. 2024).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL CARRASCO CARRASCO, Case No. 1:24-cv-000432-HBK (PC) 12 Plaintiff, ORDER TRANSFERING CASE TO SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO 14 STANISLAUS COUNTY SHERIFF, DIVISION et al., 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 with an application to proceed in forma pauperis on April 11, 2024 19 (Doc. Nos. 1, 2). Because the events giving rise to the cause of action occurred in Stanislaus 20 Detention Center, East, which is in Stanislaus County, Plaintiff should have filed his complaint in 21 the Sacramento Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River 22 County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 23 1983 action). Pursuant to Local Rule 120(f), a civil action which has not been commenced in the 24 proper court may, on the court’s own motion, be transferred to the correct court. The Court finds 25 it in the interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. § 26 1406(a) and Local Rule 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 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 6 7 3. This Court defers rulings on Plaintiff's request to proceed in forma pauperis (Doc. No. g | 2) to the transferee court. 9 10 | Dated: _ April 12, 2024 Nh. fareh 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

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL CARRASCO CARRASCO, Case No. 1:24-cv-000432-HBK (PC) 12 Plaintiff, ORDER TRANSFERING CASE TO SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO 14 STANISLAUS COUNTY SHERIFF, DIVISION et al., 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 with an application to proceed in forma pauperis on April 11, 2024 19 (Doc. Nos. 1, 2). Because the events giving rise to the cause of action occurred in Stanislaus 20 Detention Center, East, which is in Stanislaus County, Plaintiff should have filed his complaint in 21 the Sacramento Division of this Court. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River 22 County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and venue in a § 23 1983 action). Pursuant to Local Rule 120(f), a civil action which has not been commenced in the 24 proper court may, on the court’s own motion, be transferred to the correct court. The Court finds 25 it in the interests of justice to transfer this case to the Sacramento Division under 28 U.S.C. § 26 1406(a) and Local Rule 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 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 6 7 3. This Court defers rulings on Plaintiff's request to proceed in forma pauperis (Doc. No. g | 2) to the transferee court. 9 10 | Dated: _ April 12, 2024 Nh. fareh 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

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