Zamora v. Napa State Hospital

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 1/8/2015 TRANSFERRING this matter 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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TONY ZAMORA,

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No. 2:14-cv-2945 DAD P

Plaintiff,
v.

ORDER

NAPA STATE HOSPITAL,
Defendant.

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Plaintiff is currently detained at Napa State Hospital and has filed a brief hand-written

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document styled “1983 Federal Complaint.” Plaintiff has not filed an application to proceed in

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forma 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 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 this case, plaintiff complains that Napa State Hospital officials are refusing to

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administer a competency test to him, which he needs in order to face domestic violence charges
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pending against him in the Sacramento County Superior Court. The complaint contains no

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allegations against Sacramento County officials nor does it allege any conduct occurring in

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Sacramento County. If plaintiff has any cognizable constitutional claims, they will have arisen in

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Napa County, which is in the Northern District of California. Therefore, plaintiff’s complaint

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should have been filed in the United States District Court for the Northern District of California.

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In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the

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correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

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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: January 8, 2015

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DAD:9
zamo2945.21

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