Turner v. Natividad Medical Center et al
Filing
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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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