Opinion
1:23-cv-01093-SKO
08-02-2023
DERRICK JEROME LEWIS, Plaintiff, v. KIMBERLY J. MUELLER, et al., Defendants.
ORDER TRANSFERRING CASE
SHEILA K. OBERTO, UNITED STATES MAGISTRATE JUDGE
On July 20, 2023, Plaintiff Derrick Jerome Lewis, a state prisoner proceeding pro se, filed a complaint against approximately 76 Defendants, along with an application to proceed in forma pauperis. (Docs. 1, 2.) The complaint purports to allege numerous claims, including civil rights violations and claims of identity theft, fraud, and grand theft. (See Doc. 1 at 1, 6.) On July 31, 2023, this case was reassigned to the undersigned. (See Doc. 7.)
It is apparent from a reading of Plaintiff's allegations in the complaint that the gravamen of this case arose in the Sacramento Division of the Eastern District of California, and any relationship with the Fresno Division is minimal. While Plaintiff is incarcerated in Kern County, the majority of the named Defendants are associated with Sacramento. It is not entirely clear where the events at issue in the complaint occurred, but Plaintiff indicates that the events occurred while he was out of custody. (See, e.g., Doc. 1 at 6-7.) For these reasons, this case should be transferred to the Sacramento Division of the Eastern Division of California. Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper court may, on the Court's own motion, be transferred to the proper court.
Accordingly, good cause appearing, IT IS HEREBY ORDERED that:
1. This case is transferred to the Sacramento Division of the United States District Court for the Eastern District of California; and
2. All future filings shall refer to the new Sacramento case number assigned and shall be filed at:
United States District Court
Eastern District of California
501 “I” Street, Suite 4-200
Sacramento, CA 95814
Plaintiff's request to proceed in forma pauperis (Doc. 2) remains pending.
IT IS SO ORDERED.