Smith et al v. Schwarzenegger et al

Filing 7

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:13-cv-2254 DAD) to Fresno (1:14-cv-0060 GSA) signed by Magistrate Judge Dale A. Drozd on 1/15/14. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY LAMAR SMITH et al.,

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No. 2:13-cv-2254 DAD P

Plaintiffs,
v.

ORDER

JEFFREY A. BEARD et al.,
Defendants.

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Plaintiffs, state prisoners proceeding through counsel, have filed a civil rights action
pursuant to 42 U.S.C. § 1983. Plaintiffs have paid the filing fee for this action.
The federal venue statute provides that a civil action
may be brought in (1) a judicial district in which any defendant
resides, if all defendants are residents of the State in which the
district is located, (2) a judicial district in which a substantial part of
the events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action is
situated, or (3) if there is no district in which an action may
otherwise be brought as provided in this action, any judicial district
in which any defendant is subject to the court’s personal
jurisdiction with respect to such action.
28 U.S.C. § 1391(b).

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Upon reviewing the complaint, the court finds that venue is more appropriate over this

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civil action in the Fresno Division of this court. Plaintiffs’ complaint concerns their allegedly

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unconstitutional transfer to, and acceptance for imprisonment at, Pleasant Valley State Prison,
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Avenal State Prison, and C.C.I. Tehachapi, where they contracted Coccidioidomycosis or “Valley

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Fever.” Witnesses and the evidence necessary for the resolution of plaintiffs’ claims would

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appear to be more readily available within the boundaries of the Fresno Division of this court

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where all of the institutions at issue are located. Therefore, in the interest of justice, the court will

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transfer this action to the Fresno Division of the court. See 28 U.S.C. § 1406(a).

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. This action is transferred to the United States District Court for the Eastern District of

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California sitting in Fresno; and
2. All future filings shall reference the new Fresno case number assigned and shall be
filed at:
United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721

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Dated: January 15, 2014

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DAD:9
smit2254.21a

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