Gay v. Shaffer et al

Filing 13

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/21/17 granting 10 Motion to transfer venue. This matter is transferred to the United States District Court for the Northern District of California. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR SHARRIEFF GAY, 12 Plaintiff, 13 14 15 v. No. 2:16-cv-2533 GEB CKD P ORDER JENNIFER SHAFFER, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed an action for violation of civil rights 18 under 42 U.S.C. §983. Plaintiff originally filed this action in the United States District Court for 19 the Northern District of California. On November 1, 2016, the Northern District transferred the 20 case here finding that: 21 22 23 A substantial part of the events or omissions giving rise to the claim(s) occurred, and the defendants named reside, in the counties of Solano and/or Sacramento, which lie within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Venue therefore properly lies in the Eastern District. See id. § 1391(b). 24 25 On November 1, 2016, plaintiff filed a motion asking that this matter be transferred back 26 to the Northern District. Plaintiff’s complaint essentially involves interviews conducted by 27 certain defendants with plaintiff in order to determine plaintiff’s suitability for parole. The 28 interviews were conducted at plaintiff’s place of incarceration. Plaintiff admits that when he filed 1 1 this action he was housed at California State Prison, Solano. But, he clarifies that in paragraph 3 2 of his complaint he indicates “[d]uring all relevant times in this complaint, plaintiff was confined 3 at “CTF-C,” and that CTF-C is the Correctional Training Facility, in Soledad, California. 4 Soledad lies in Monterey County which is within the jurisdiction of the Northern District. Also, 5 there is no indication in the complaint where any defendant resides.1 Because the events giving rise to plaintiff’s claims occurred in Monterey County, and 6 7 because a plaintiff’s choice of forum receives deference in a motion for transfer of venue, Decker 8 Coal Co. v. Commonwealth Edison Co., 805 F.2d 834, 843 (9th Cir. 1986), plaintiff’s motion to 9 transfer this action back to the Northern District will be granted. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Plaintiff’s motion to transfer venue (ECF No. 10) is granted; and 12 2. This matter is transferred to the United States District Court for the Northern District of 13 California. 14 Dated: March 21, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 1 gray2533.21 21 22 23 24 25 26 27 28 1 Although a fair assumption is that defendant Shaffer, the head of the California Board of Parole Hearings, resides in Sacramento. 2

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