(PC) Laponte v. Newsom

• Court: District Court, E.D. California
• Decided: October 15, 2024
• Docket: 1:24-cv-01222
• Status: Unknown

Opinion

1 Order Transferring to Sacramento 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN RAFAEL LAPONTE, Case No. 1:24-cv-01222-HBK (PC) 12 Plaintiff, ORDER TRANSFERING CASE TO SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA AND CLOSING CASE IN FRESNO 14 GAVIN NEWSOM, ROB RONTA, K.R. DIVISION ZUETEL, JENNIFER SHAFFER, JAMES 15 L. LANDRUM, SR., (Doc. No. 7) 16 Defendants. 17 18 Plaintiff John Rafael Laponte, a state prisoner, initiated this pro se action in the Northern 19 District of California by filing a civil rights complaint under 42 U.S.C. § 1983 while incarcerated 20 at Correctional Training Facility, Soledad, California. (Doc. No. 7). Because the Complaint 21 alleges claims against the Governor of California and other high-level California state officials 22 regarding the enactment and enforcement of legislation, the Northern District transferred this case 23 to this Court in the Eastern District of California. (Doc. No. 20). Venue for this action, however, 24 properly lies in the Sacramento Division of this Court. See 28 U.S.C. §§ 1391(b); see also 25 Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court 26 jurisdiction and venue in a § 1983 action). Pursuant to Local Rule 120(f), a civil action which has 27 not been commenced in the proper court may, on the court’s own motion, be transferred to the 28 correct division. The Court finds it in the interests of justice to transfer this case to the 1 | Sacramento Division under 28 U.S.C. § 1406(a) 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 6 || be filed at: 7 United States District Court Eastern District of California 8 501 "I" Street, Suite 4-200 Sacramento, CA 95814 9 10 3. This court defers ruling on plaintiff’s request to proceed in forma pauperis (Doc. 11 | No. 6) to the transferee court. 12 13 | Dated: _ October 15,2024 law N faereh fackte 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28