(PC) Wren v. Mule Creek Prison

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY CHARLES WREN, 1:21-cv-00806-HBK (PC)

12 Plaintiff, 13 v. ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 14 WARDEN MULE CREEK STATE EASTERN DISTRICT OF CALIFORNIA PRISON, et al., 15 Defendants. 16 17 18 Before the Court is Plaintiff Charles Wren’s pro se 42 U.S.C. § 1983 Complaint filed on 19 May 18, 2021. (Doc. No. 1). Plaintiff alleges violations of his civil rights by defendants arising 20 at Mule Creek State Prison, located in Amador County, and San Quentin State Prison, located in 21 San Quentin, California. (Id. at 1). Most of the named defendants, however, reside in Amador 22 County. (Id. at 2). 23 Because the events giving rise to the cause of action and/or most of the defendants reside 24 in Amador County, which is within the venue of the Sacramento Division, plaintiff should have 25 filed the complaint in the Sacramento Division. See 28 U.S.C. § 1391(b)(1)-(2); see also Ziegler 26 v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and 27 venue in a § 1983 action). Thus, the court finds it in the interests of justice to transfer this case 28 under 28 U.S.C. § 1406(a). 1 Accordingly, it is ORDERED: 2 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of the 3 United States District Court for the Eastern District of California and close this case. 4 2. All future filings shall refer to the new Sacramento case number assigned 5 and shall be mailed to United States District Court, Eastern District of 6 California 501 “I” Street, Suite 4-200, Sacramento, CA 95814 for filing. 7 g IT IS SO ORDERED. Datea: May 19, 2021 Mile. Wh fareh Zaskth 10 HELENA M. BARCH-KUCHTA i UNITED STATES MAGISTRATE JUDGE

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28