Barclay v. Beard et al

Filing 34

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/17/15, CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY BARCLAY,

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No. 2:15-cv-0178 MCE CKD P

Plaintiff,
v.

ORDER

JEFFREY BEARD, et al.,
Defendant.

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Plaintiff, a state prisoner, is proceeding pro se and in forma pauperis with this civil rights

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action pursuant to 42 U.S.C. § 1983. The case proceeds against defendant G. Polanco and

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concerns an alleged use of excessive force at San Quentin State Prison in 2013. (ECF No. 1.)

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Before the court is plaintiff’s unopposed motion for a change of venue to the Northern District of

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California. (ECF Nos. 32 & 33.)

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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, while plaintiff originally named CDCR Secretary Jeffrey Beard as a

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defendant, the sole defendant remaining in this action after screening does not reside in this

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district. Moreover, the claim arose in Marin County, which is in the Northern District of

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California. In the interest of justice, a federal court may transfer a complaint filed in the wrong

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

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(D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for change of venue (ECF No. 32) is granted; and

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2. This matter is transferred to the United States District Court for the Northern District of

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California.

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Dated: December 17, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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