Turner v. State of California et al

Filing 2

ORDER Transferring Case to Northern District of California signed by Magistrate Judge Gary S. Austin on 04/13/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD TURNER,

Case No. 1:17-cv-00454-GSA-PC
Plaintiff,

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ORDER TRANSFERRING CASE TO
NORTHERN DISTRICT OF CALIFORNIA

v.

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STATE OF CALIFORNIA, et al.,

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Defendants.

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I.

BACKGROUND

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Edward Turner (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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March 30, 2017. (ECF No. 1.)

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II.

VENUE

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The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in “(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

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

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the subject of the action is situated; or (3) if there is no district in which an action may

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otherwise be brought as provided in this section, any judicial district in which any defendant is

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subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
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In this case, none of the defendants named in the Complaint reside in this district. The

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claims arose in Richmond, California, located in Contra Costa County, which is in the Northern

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District of California. Therefore, Plaintiff=s claims are properly brought in the United States

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District Court for the Northern District of California. In the interest of justice, a federal court

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may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. '

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1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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III.

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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

States District Court for the Northern District of California.

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IT IS SO ORDERED.
Dated:

April 13, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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