M. David Wertheimer v. Randy Grounds et al

Filing 6

ORDER TO SHOW CAUSE RE TRANSFER OF ACTION by Magistrate Judge Charles F. Eick. If any party objects to the transfer of this action to the U.S. District Court for the Northern District of California, such party shall file objections within 20 days of the date of this Order. The objection shall show cause, if there be any, why this action should not be transferred to the Northern District of California on the grounds that venue is improper in the Central District of California. (sp)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 M. DAVID WERTHEIMER, ) NO. CV 13-8514-MMM(E) ) Plaintiff, ) ) v. ) ORDER TO SHOW CAUSE ) RANDY GROUNDS, et al., ) RE TRANSFER OF ACTION ) ) Defendants. ) ) ______________________________) 17 18 If any party objects to the transfer of this action to the United 19 States District Court for the Northern District of California, such 20 party shall file objections within twenty (20) days of the date of 21 this Order. 22 this action should not be transferred to the Northern District of 23 California on the grounds that venue is improper in the Central 24 District of California. The objections shall show cause, if there be any, why 25 26 The Complaint purportedly alleges claims under 42 U.S.C. sections 27 1983 and 2000cc against state prison officials in connection with 28 events allegedly occurring in a state prison within the Northern 1 District of California. Thus, venue would appear to be proper only in 2 the Northern District of California. 3 district court of the district in which is filed a case laying venue 4 in the wrong division or district shall dismiss, or if it be in the 5 interest of justice, transfer such action to any district or division 6 in which it could have been brought.” See 28 U.S.C. § 1391(b). “The 28 U.S.C. § 1406(a). 7 8 9 The Clerk shall mail copies of this Order to Plaintiff and to Defendants. 10 11 DATED: December 2, 2013. 12 13 14 15 _________________/S/___________________ CHARLES F. EICK UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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