Harris v. Virga, et al.
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 5/22/2014 TRANSFERRING this action to the USDC for the Northern District of California. CASE CLOSED.(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARVIN HARRIS,
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No. 2:14-cv-0975 WBS DAD P
Plaintiff,
v.
ORDER
TIM V. VIRGA et al.,
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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. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28
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U.S.C. § 1915.
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The federal venue statute provides that a civil action “may be brought in (1) a judicial
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district in which any defendant resides, if all defendants are residents of the State in which the
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district is located, (2) a judicial district in which a substantial part of the events or omissions
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giving rise to the claim occurred, or a substantial part of property that is the subject of the action
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is situated, or (3) if there is no district in which an action may otherwise be brought as provided in
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this action, any judicial district in which any defendant is subject to the court’s personal
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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
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In the caption of the complaint before the court plaintiff appears to identify as the
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defendants the Warden of Folsom State Prison, an unidentified doctor and two property officers.
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(Dkt. No. 1 at 1.) However, in the body of his complaint plaintiff names the defendants as the
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Warden of Salinas Valley State Prison and three other correctional employees at Salinas Valley.
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(Id. at 2.) In his complaint plaintiff identifies the institution where the alleged constitutional
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violation occurred as Folsom State Prison. (Id. at 1.) However, a review of the actual allegations
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of the complaint reveals that plaintiff is seeking to complain about missing personal property that
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did not accompany him when, on December 27, 2013, he was transferred from Folsom to Salinas
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Valley, as well as about a classification committee decision made at Salinas Valley and the
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conditions of his confinement at Salinas Valley. (Id. at 3-10.) As such plaintiff’s primary claims
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arose at Salinas Valley State Prison in Monterey County. Monterey County is in the Northern
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District of California. Therefore, in furtherance of justice, the court will transfer this action to the
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United States District Court for the Northern District of California. See 28 U.S.C. § 1404(a).
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Accordingly, IT IS HEREBY ORDERED that this action is transferred to the Northern
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District of California.
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Dated: May 22, 2014
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DAD:9
harr0975.21c
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