The opinion
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 ELRADER BROWNING, Case No. 1:21-cv-00041-HBK
12 Plaintiff,
13 v. ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE
14 M. BURKHART, et al., EASTERN DISTRICT OF CALIFORNIA
15 Defendants.
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18 Before the Court is Plaintiff Elrader Browning’s pro se 42 U.S.C. § 1983 complaint filed
19 on January 12, 2021. (Doc. No. 1). Plaintiff filed the complaint while he was incarcerated in
20 Kern Valley State Prison. According to the allegations in the complaint, the events which give
21 rise to plaintiff’s claims took place while plaintiff was incarcerated in New Folsom/Sacramento
22 State Prison (California State Prison- Sacramento). Because the events giving rise to the cause of
23 action occurred in Sacramento County, which is within the venue of the Sacramento Division,
24 plaintiff should have filed the complaint in the Sacramento Division of this court. See 28 U.S.C.
25 § 1391(b)(1)-(2); see also Ziegler v. Indian River County, 64 F.3d 470, 474 (9th Cir. 1995)
26 (reviewing federal court jurisdiction and venue in a § 1983 action). Pursuant to Local Rule
27 120(f), a civil action which has not been commenced in the proper court may, on the court’s own
28 motion, be transferred to the correct court. The court finds it in the interests of justice to transfer
1 || this case under 28 U.S.C. § 1406(a).
2 Accordingly, it is ORDERED:
3 1. The Clerk of Court is directed to transfer this action to the Sacramento Division of the
4 United States District Court for the Eastern District of California and close this case.
5 2. All future filings shall refer to the new Sacramento case number assigned and shall be
6 mailed to United States District Court, Eastern District of California 501 “TI” Street,
7 Suite 4-200, Sacramento, CA 95814 for filing.
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9 IT IS SO ORDERED.
Dated: —_June 2, 2021 Khao Th. foareh Zaskth
11 HELENA M. BARCH-KUCHTA
0 UNITED STATES MAGISTRATE JUDGE
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