Arline v. Gowen et al

Filing 7

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 12/21/11. (jjoS, COURT STAFF) (Filed on 12/21/2011) [Transferred from cand on 12/22/2011.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEITH DUANE ARLINE, JR.,
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Plaintiff,
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v.
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R. GOWEN, et al.,
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Defendants.
__________________________________ )

No. C 11-5627 JSW (PR)
ORDER OF TRANSFER

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Plaintiff, a California prisoner incarcerated at High Desert State Prison (“HDSP”),
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has filed this pro se civil rights complaint under 42 U.S.C. § 1983 against officials of
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HDSP based upon events occurring there.
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When, as here, jurisdiction is not founded solely on diversity, venue is proper in
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the district in which (1) any defendant resides, if all of the defendants reside in the same
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state, (2) the district in which a substantial part of the events or omissions giving rise to
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the claim occurred, or a substantial part of property that is the subject of the action is
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situated, or (3) a judicial district in which any defendant may be found, if there is no
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district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). Where a
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case is filed in the wrong venue, the district court has the discretion either to dismiss the
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case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. §
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1406(a). Venue may be raised by the court sua sponte where the defendant has not yet
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filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790
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F.2d 1486, 1488 (9th Cir. 1986).
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Plaintiff’s claims arise out of events occurring at HDSP, where Defendants are
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located. HDSP is in Lassen County, which lies within the venue of the United States

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District Court for the Eastern District of California.

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Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C.

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§ 1406(a), that this action be TRANSFERRED to the United States District Court for the

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Eastern District of California.

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The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.

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DATED:December 21, 2011

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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KEITH DUANE ARLINE JR,

Case Number: CV11-05627 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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R GOWEN et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 21, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Keith Arline
T13192
High Desert State Prison
P.O. Box 3030
Susanville, CA 96127

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Dated: December 21, 2011

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk