(PC) Smith v. Parriot et al
Filing
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ORDER of INTRADISTRICT TRANSFER from Sacramento (2:19-cv-0288 AC) to Fresno (1:19-cv-0286 GSA) and ORDERING Clerk of Court to add J. Mattingly as a defendant to this docket signed by Magistrate Judge Allison Claire on 3/4/2019. (Henshaw, R)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAWRENCE CHRISTOPHER SMITH,
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Plaintiff,
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No. 2:19-cv-0288 AC P
v.
ORDER
BRIAN L. PARRIOT, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983. ECF No. 1. Plaintiff has not filed an application to proceed in forma pauperis
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pursuant to 28 U.S.C. § 1915.
The federal venue statute provides that a civil action “may be brought in (1) a judicial
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district in which any defendant resides, if all defendants are residents of the State in which the
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district is located, (2) a judicial district in which a substantial part of the events or omissions
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giving rise to the claim occurred, or a substantial part of property that is the subject of the action
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is situated, or (3) if there is no district in which an action may otherwise be brought as provided in
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this action, any judicial district in which any defendant is subject to the court’s personal
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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
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In this case, plaintiff’s sole claim arose at the California Correctional Institution (“CCI”),
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which is located in Kern County. In addition, all five1 named defendants are employed at CCI.
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See ECF No. 1 at 1-2, 4. Kern County matters are to be commenced in the Fresno Division of the
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Eastern District of California. See L.R. 120(d). Therefore, plaintiff’s complaint should have
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been filed there. In the interests of justice, a federal court may transfer a complaint filed in the
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wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918,
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932 (D.C. Cir. 1974).
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Accordingly, IT IS HEREBY ORDERED that:
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1. The Clerk of the Court shall add J. Mattingly, a correctional officer at CCI, as a
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defendant to this docket as indicated on page 3 of the complaint. See ECF No. 1 at 3, and
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2. This matter is transferred to the United States District Court for the Eastern District of
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California – Fresno Division.
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DATED: March 4, 2019
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Although not identified in the correct section of the complaint, in addition to naming defendants
B. L. Parriot, R. Cole, A. Canto and W. Gutierrez as defendants (see ECF No. 1 at 2), it appears
that plaintiff also intended to identify J. Mattingly as a defendant as well. See id. at 3.
Accordingly, the court will direct the Clerk of the Court to add defendant J. Mattingly to the
docket as a defendant.
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