Turner v. Natividad Medical Center et al

Filing 3

ORDER TRANSFERRING CASE to the Northern District of California signed by Magistrate Judge Barbara A. McAuliffe on 7/11/2017. (Jessen, A)

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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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1:17-cv-00901-BAM (PC)

ANTHONY R. TURNER,

ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA

v.
NATIVIDAD MEDICAL CENTER, et al.,

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Defendants.

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Plaintiff Anthony R. Turner (“Plaintiff”), a state prisoner proceeding pro se, has filed a

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civil rights action pursuant to 42 U.S.C. § 1983, together with a motion to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915.
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 are residents of the State in which the district is located; (2) a judicial district in which

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

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

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action may otherwise be brought as provided in this section, any judicial district in which any

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defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C.

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§ 1391(b).

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In this case, none of the defendants reside in this district. The claim arose in Monterey

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County, which is in the Northern District of California. Therefore, Plaintiff’s claim should have

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been filed in the United States District Court for the Northern 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); Ravelo Monegro v. Rosa, 211 F.3d 509, 512 (9th Cir.

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2000).

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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:

/s/ Barbara

July 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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