Jackson v. Beard et al

Filing 7

ORDER of INTRADISTRICT TRANSFER from Sacramento (2:14-cv-2456 EFB) to Fresno (1:14-cv-2043 DLB) signed by Magistrate Judge Edmund F. Brennan on 12/22/14. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALVIN JACKSON

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No. 2:14-cv-2456-EFB P

Plaintiff,
v.

ORDER

JEFFREY A. BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed an application to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915.

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A civil action, other than one based on diversity jurisdiction, must be brought in “(1) a

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judicial district where any defendant resides, if all defendants reside in the same State, (2) a

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judicial district in which a substantial part of the events or omissions giving rise to the claim

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occurred, or a substantial part of property that is the subject of the action is situated, or (3) a

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judicial district in which any defendant may be found, if there is no district in which the action

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may otherwise be brought.” 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. Plaintiff’s complaint concerns the allegedly

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unconstitutional conditions of confinement at Pleasant Valley State Prison and/or Avenal State
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Prison, where plaintiff was exposed to Coccidioidomycosis or “Valley Fever.” Witnesses and the

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evidence necessary for the resolution of plaintiff’s claims would appear to be more readily

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available within the boundaries of the Fresno Division of this court where the institutions at issue

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are located. Therefore, in the interest of justice, the court will transfer this action to the Fresno

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Division of the court. See 28 U.S.C. § 1406(a).

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Accordingly, it is hereby ordered that:

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1. This action is transferred to the Fresno Division.

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

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

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United States District Court
Eastern District of California
2500 Tulare Street
Fresno, CA 93721
DATED: December 22, 2014.

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