Bibbs v. Tilton et al

Filing 8

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 6/16/2011. (ndr, COURT STAFF) (Filed on 6/16/2011) [Transferred from cand on 6/17/2011.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-3999 CW (PR)

MARTIN J. BIBBS,
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ORDER OF TRANSFER

Plaintiff,
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v.
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United States District Court
For the Northern District of California

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JAMES E. TILTON, Secretary of the
California Department of
Corrections and Rehabilitation,
et al.,
Defendants.

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Plaintiff, a state prisoner incarcerated at Pelican Bay State

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Prison (PBSP), has filed a pro se civil rights action pursuant to

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42 U.S.C. § 1983.

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Plaintiff has paid the filing fee.

Although Plaintiff currently is incarcerated at PBSP, four of

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the six named Defendants are employed at the California

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Correctional Institution in Tehachapi, and the bulk of Plaintiff's

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claims arise out of events occurring at that facility.

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Additionally, another of the six named Defendants is the Secretary

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of the California Department of Corrections and Rehabilitation in

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Sacramento.

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Sacramento, which is in Sacramento County, are located within the

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venue of the United States District Court for the Eastern District

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of California.

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Defendants is the Warden at PBSP, which is in Del Norte County and

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is located within the venue of the Northern District of California.

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See 28 U.S.C. § 84(a).

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Both Tehachapi, which is in Kern County, and

See 28 U.S.C. § 84(b).

One of the six named

When, as here, jurisdiction is not founded solely on
diversity, venue is proper in the district in which (1) any

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defendant resides, if all of the defendants reside in the same

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state, (2) the district in which a substantial part of the events

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or omissions giving rise to the claim occurred, or a substantial

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part of property that is the subject of the action is situated, or

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(3) a judicial district in which any defendant may be found, if

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there is no district in which the action may otherwise be brought.

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28 U.S.C. § 1391(b).

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located in both the Northern and Eastern Districts, thus, under

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§ 1391(b), venue is allowed in either district.

United States District Court
For the Northern District of California

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In the instant action, there are Defendants

Where, however, an alternative forum with greater relation to

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the defendants or the action exists than the forum in which the

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action was filed, 28 U.S.C. § 1404(a) allows transfer of a case

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from one federal district court to another "[f]or the convenience

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of parties and witnesses, in the interest of justice."

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majority of the Defendants are located in the Eastern District and

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the majority of the claims arise from events occurring in that

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district.

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relation to the Defendants and the claims than does this Court.

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Here, the

Consequently, the Eastern District has a greater

Accordingly, IT IS ORDERED in the interest of justice and for

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the convenience of both the parties and the witnesses, and pursuant

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to 28 U.S.C. § 1404(a), that this action be TRANSFERRED to the

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United States District Court for the Eastern District of

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California.

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The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: 6/16/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MARTIN J BIBBS,

Case Number: CV10-03999 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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CDCR SECRETARY et al,
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Defendant.
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United States District Court
For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 16, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Martin J. Bibbs H-03951
P.O. Box 7500, C5-119
Cresent City, CA 95531

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Dated: June 16, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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