Ramirez v. Giovino et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/2/15 ORDERING that this case is TRANSFERRED to the U.S. District Court for the District of Arizona.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE RAMIREZ,

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Plaintiff,

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No. 2:15-cv-0040-EFB P

v.

ORDER

JAMES GIOVINO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in this civil action. Defendants

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Giovino and Burnett removed this action to federal court on the basis of diversity jurisdiction and

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subject matter jurisdiction, claiming that plaintiff’s complaint can be fairly read to allege an

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Eighth Amendment deliberate indifference to medical needs claim under 28 U.S.C. § 1983. ECF

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No. 1. Defendants also moved to dismiss for lack of personal jurisdiction and improper venue.

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ECF No. 3. Plaintiff opposed the motion to dismiss and defendants filed a reply. See ECF Nos.

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4, 5.

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In the complaint, plaintiff asserts a claim arising out of events that occurred at the La

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Palma Correctional Center in Eloy, Arizona. Venue is not proper in this district because both

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defendants and any witnesses reside in Arizona and all events relevant to this action occurred in

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Arizona. See 28 U.S.C. § 1391(b). The La Palma Correctional Center is in Arizona, and venue

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properly lies in that district and not in this one. See 28 U.S.C. § 1391(b); 28 U.S.C. § 82.
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Accordingly, IT IS HEREBY ORDERED that this case is transferred to the United States

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District Court for the District of Arizona. See 28 U.S.C. §§ 1404(a), 1406(a).

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Dated: April 2, 2015.

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