Ramirez-Ibarra v. Eggleston

Filing 6

ORDER signed by Magistrate Judge Craig M. Kellison on 6/15/11 ORDERING that this case is TRANSFERRED to the District of Arizona.(Dillon, M) [Transferred from caed on 6/17/2011.]

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROSENDO ROBERT RAMIREZ, 12 13 14 15 16 17 No. CIV S-11-1029-CMK-P Plaintiff, vs. ORDER JILL A. EGGLESTON, Defendant. / Plaintiff, a federal prisoner proceeding pro se, brings this civil rights action 18 pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). For cases 19 such as this, which are based on federal question jurisdiction, the federal venue statute requires 20 that the action be brought only in “(1) a judicial district where any defendant resides, if all 21 defendants reside in the same State, (2) a judicial district in which a substantial part of the events 22 or omissions giving rise to the claim occurred, or a substantial part of property that is the subject 23 of the action is situated, or (3) a judicial district in which any defendant may be found, if there is 24 no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b). Here, the 25 claim(s) arose in Eloy, Arizona, which is within the boundaries of the United States District 26 Court for the District of Arizona. Therefore, the court finds that this action most appropriately 1 1 proceeds in that district. In the interest of justice, the court will transfer this case. See 28 U.S.C. 2 § 1406(a). 3 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the District of Arizona. 5 6 7 8 DATED: June 15, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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