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Coleman v. CDCR

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 11, 2009

SAAHDI ABDUL COLEMAN, PLAINTIFF,
v.
CDCR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Defendants have filed a notice of removal of this action from Kings County Superior Court, the state court in which plaintiff evidently originally filed the instant case, to the Sacramento Division of the Eastern District of the United States District Court. Although the California Department of Corrections is set forth as the lead defendant,*fn1 the only named individual defendants are or were employed at California Substance Abuse Treatment Facility (CSATF)-Corcoran and, according to plaintiff, the events complained of all occurred while plaintiff has been housed at CSATF, which is located in Kings County. Complaint, pp. 9-10, 22-23, 26.

Pursuant to Local Rule (LR) 3-120(d), "[a]ll civil and criminal actions and proceedings of every nature and kind cognizable by the United States Court for the Eastern District of California arising in....[,]" inter alia, Kings County "shall be commenced in the United States District Court sitting in Fresno, California...." Under 28 U.S.C. § 1446(a), "a defendant or defendants desiring to remove any civil action...from a State court shall file in the district court and division within which such action is pending a notice of removal...." [Emphasis added.] Pursuant to Local Rule 3-120(f), a civil action which has not been commenced in the proper division of a court may, on the court's own motion, be transferred to the proper division of the court. Therefore, this action will be transferred to the Fresno Division of the court. See Gopcevic v. California Packing Corp., 272 F. 994 (N.D. 1921). However, in transferring this case, the court makes no ruling as to whether or not this action has properly been removed from state to federal court.

Good cause appearing, IT IS HEREBY ORDERED that:

1. This action is transferred to the United States District Court for the Eastern District of California sitting in Fresno; and

3. All future filings shall reference the new Fresno case number assigned and shall be filed at: United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721


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