McKinney v. Tehama County et al

Filing 2

ORDER TRANSFERRRING ACTION to Sacramento Division signed by Magistrate Judge Gary S. Austin on 5/7/2010. New Case Number 2:10-cv-01139-FCD-EFB. Old Case Number 1:10-cv-00768-AWI-GSA.(Bradley, A)

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1 2 3 4 5 6 7 MICHAEL GENE McKINNEY, 8 Plaintiff, 9 v. 10 11 12 13 14 15 Plaintiff, proceeding pro se, has filed this action. In his complaint, Plaintiff alleges a 16 violation of his due process rights by Defendants. The alleged violations took place in Tehama 17 County, which is part of the Sacramento Division of the United States District Court for the 18 Eastern District of California. See Local Rule 3-120(d). 19 Title 28 of the United States Code Section 1391(b) provides 20 21 22 23 24 The court is transferring this action to the Sacramento Division of the Eastern District of 25 California pursuant to Title 28 United States Code Section 1404(a) in the interests of justice for 26 the following reasons. 27 28 1 A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only 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. Defendants. TEHAMA COUNTY, RICHARD SCHEULER, and IRENE RODRIGUEZ, ) 1:10-cv-768 AWI-GSA ) ) ORDER TRANSFERRING ACTION TO ) SACRAMENTO DIVISION ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 6i0kij 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff has named Defendants Tehama County, Richard Scheuler, and Irene Rodriguez, all of whom reside in Tehama County. See 28 U.S.C. 1391(b)(1). Thus, no defendants reside in a county in this division. Moreover, the actions giving rise to Plaintiff's complaint all arose in Tehama County. See 28 U.S.C. 1391(b)(2). Venue would be improper in the Fresno division because only Plaintiff is a resident within this division. Good cause appearing, IT IS HEREBY ORDERED that this matter is TRANSFERRED to the Sacramento Division of the United States District Court for the Eastern District of California. IT IS SO ORDERED. Dated: May 7, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 2

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