Opinion
No. CIV S-07-0588 GEB DAD P.
April 13, 2007
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. In his complaint, plaintiff alleges that he is being subject to unconstitutional conditions of confinement due to overcrowding at the Sierra Conservation Center. He has named as the defendant in this action the warden of that institution. The alleged constitutional violations took place in Tuolumne County, which is part of the Fresno Division of the United States District Court for the Eastern District. See Local Rule 3-120(d).
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. This court will not rule on petitioner's request to proceed in forma pauperis.
Good cause appearing, IT IS HEREBY ORDERED that:
1. This court has not ruled on petitioner's request to proceed in forma pauperis;
2. 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