McCoy v. Tate

Full title: DAVON ELIMU McCOY, Plaintiff, v. HAROLD TATE, et al., Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 21, 2015

2:15-cv-1956-EFB P (E.D. Cal. Sep. 21, 2015)

Opinion

DAVON ELIMU McCOY, Plaintiff, v. HAROLD TATE, et al., Defendants. No. 2:15-cv-1956-EFB P United States District Court, E.D. California. September 21, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983.¹ He alleges a violation of his civil rights at the California Correctional Institution, which is in Kern County, California. Kern County is in the Fresno Division of the United States District Court for the Eastern District of California, and this action should have been commenced there. E.D. Cal. Local Rule 120(d). Where a civil action has not been commenced in the proper division of a court, the court may, on its own motion, transfer the action to the proper division. E.D. Cal. Local Rule 120(f).

1 He also seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

         Accordingly, it is hereby ordered that:

1. This action is transferred to the Fresno Division.

2. The Clerk of Court shall assign a new case number.

3. All future filings shall bear the new case number and shall be filed at: