Hickman v. County of Butte et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2013 ORDERING that this matter is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CLARENCE B. HICKMAN, SR.,
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Plaintiff,
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No. 2:13-cv-0836 KJN P
vs.
COUNTY OF BUTTE, et al.,
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Defendants.
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ORDER
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Plaintiff, a state prisoner proceeding without counsel or “pro se,” has filed a civil
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rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma
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pauperis pursuant to 28 U.S.C. § 1915.
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The federal venue statute provides that a civil action “may be brought in (1) a
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judicial district in which any defendant resides, if all defendants are residents of the State in
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which the district is located, (2) a judicial district in which a substantial part of the events or
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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of
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the action is situated, or (3) if there is no district in which an action may otherwise be brought as
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provided in this action, any judicial district in which any defendant is subject to the court’s
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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
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In this case, the claim arose in Napa County, which is in the Northern District of
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California.1 Therefore, plaintiff’s claim should have been filed in the United States District
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Court for the Northern District of California. In the interest of justice, a federal court may
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transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a);
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Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
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United States District Court for the Northern District of California.
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DATED: May 3, 2013
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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hick0836.21
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Although plaintiff included “County of Butte” in the caption of his complaint, he did
not list the County of Butte as a defendant (dkt. no. 1 at 2.) There are no charging allegations as
to the County of Butte, and the incidents upon which plaintiff’s allegations are based occurred at
Napa State Hospital.
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