Smith v. Salinas Valley State Prison, et al.
Filing
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ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA signed by Magistrate Judge Erica P. Grosjean on 8/4/2017. CASE CLOSED. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LAJAZZ A. SMITH,
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Plaintiff,
v.
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ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA
SALINAS VALLEY STATE PRISON, et
al.,
Defendants.
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Case No. 1:17-cv-01031-EPG (PC)
Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to
42 U.S.C. ' 1983.
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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 A(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 the 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 appear to reside in this district. Additionally, the
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claim arose in Monterey County, which is in the Northern District of California. Therefore, this
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action should have been filed in the United States District Court for the Northern District of
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California. In the interest of justice, a federal court may transfer a complaint filed in the wrong
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district to the correct district. 28 U.S.C. § 1406(a).
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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:
August 4, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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