Favor VEXATIOUS LITIGANT v. Pogue et al

Filing 2

ORDER TRANSFERRING CASE to the Central District of California signed by Magistrate Judge Barbara A. McAuliffe on 2/28/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRANDON ALEXANDER FAVOR,

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Plaintiff,
v.

Case No. 1:18-cv-00271-LJO-BAM
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA

NANCY SVETICH POGUE, et al.,

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Defendants.

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Plaintiff Brandon Alexander Favor (“Plaintiff”) is a state prisoner proceeding pro se 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 “(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. Based on Plaintiff’s assertion
that the alleged violation occurred in Los Angeles, the court finds that the claim arose in Los
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Angeles County, which is in the Central District of California. Therefore, Plaintiff’s claim should

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have been filed in the United States District Court for the Central 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); King v. Russell, 963 F.2d 1301, 1304 (9th Cir. 1992).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 28, 2018

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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