Barajas
(PC) Hernandez v. Barajas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN HERNANDEZ, Case No. 1:21-cv-00408-HBK Plaintiff, ORDER DIRECTING TRANSFER OF CASE TO
THE SACRAMENTO DIVISION
v. JOHN DOE #1-#4, Defendants. 16 Before the court is plaintiff Juan Hernandez’s pro se 42 U.S.C. § 1983 complaint filed on March 15, 2021. (Doc. No. 1). According to the complaint, the events giving rise to the cause of action occurred while plaintiff was incarcerated at the Mule Creek State Prison in Ione, California. Ione is a city located in Amador County, which is within the venue of the Sacramento Division of United States District Court for the Eastern District of California. See E.D. Ca. Local Rule 120(d). Under 28 U.S.C. § 1406(a), “a district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.” Id. (emphasis added). Under 28…