Kirk v. Hedgeph et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/12 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY W. KIRK, Plaintiff, 11 12 vs. 13 No. 2:12-cv-2693 EFB P HEDGEPH, et al., Defendants. 14 / 15 16 17 18 ORDER Plaintiff is a state inmate 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 19 judicial district where any defendant resides, if all defendants reside in the same State, (2) a 20 judicial district in which a substantial part of the events or omissions giving rise to the claim 21 occurred, or a substantial part of property that is the subject of the action is situated, or (3) a 22 judicial district in which any defendant may be found, if there is no district in which the action 23 may otherwise be brought.” 28 U.S.C. § 1391(b). 24 Here, the defendants are located in and the claim arose in Monterey County, California 25 which is in the Northern District of California. 28 U.S.C. § 84(a). For the convenience of the 26 parties and witnesses and in the interest of justice, this action is transferred to the United States 1 1 District Court for the Northern District of California. See 28 U.S.C. § 1404(a); Starnes v. 2 McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 4 So ordered. DATED: November 8, 2012. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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