Jones v. You

Filing 9

ORDER Transferring Case to the Southern District of California, signed by Magistrate Judge Jennifer L. Thurston on 5/10/17. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No.: 1:16-cv-01585-JLT (PC)

ELVIS JONES,

ORDER TRANSFERRING CASE TO THE
SOUTHERN DISTRICT OF CALIFORNIA

v.
YOU,

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Defendant.

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In this action, the plaintiff seeks to impose liability in this civil rights action pursuant to
42 U.S.C. ' 1983.
The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all

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defendants reside in the same state, (2) a judicial district in which a substantial part of the events

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or omissions giving rise to the claim occurred, or a substantial part of the property that is the

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subject of the action is situated, or (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.@ 28 U.S.C. ' 1391(b).

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Though the Plaintiff in this case is currently housed at the California State Prison in

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Corcoran, California, none of the defendants reside in this district. The claim arose in San Diego

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County, which is in the Southern District of California. Therefore, plaintiff=s claim should have

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been filed in the United States District Court for the Southern District of California. In the
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interest of justice, a federal court may transfer a complaint filed in the wrong district to the

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correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

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1974).

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Accordingly, the Court ORDERS that this matter is transferred to the United States
District Court for the Southern District of California.

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IT IS SO ORDERED.
Dated:

May 10, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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