Boyd v. Hamilton

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/13/09 ORDERING that this action is TRANSFERRED to the Western District of Virginia. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. HAMILTON, Defendant. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. A civil action, other than one based on diversity jurisdiction, must be brought in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b). Here, most defendants are located and the claim arose at Red Onion State Prison in Pound, Virginia, which is in the Western District of Virginia. 28 U.S.C. § 127(b). Therefore, in the interest of justice, this action is transferred to the United States District Court for the Western 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES BOYD, Plaintiff, No. CIV S-09-0854 EFB P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 District of Virginia. See 28 U.S.C. § 1404(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). So ordered. DATED: April 13, 2009. 2

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