Oliver v. Beard et al

Filing 10

ORDER signed by Magistrate Judge Dale A. Drozd on 9/28/13 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH G. OLIVER,

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No. 2:13-cv-1395 MCE DAD P

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. 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, many of the named defendants are located in and a substantial part of the

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events giving rise to plaintiff’s claims occurred at the California Men’s Colony in San Luis

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Obispo, which is located within the boundaries of the Northern District of California. Therefore,

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plaintiff’s action should have been filed in the United States District Court for the Northern
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District of California. In the interest of justice, a federal court may transfer a complaint filed in

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the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d

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918, 932 (D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Northern District of California.

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Dated: September 28, 2013

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oliv1395.21a

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