Hernandez v. Holman

Filing 9

ORDER signed by Magistrate Judge Craig M. Kellison on 5/24/2017 ORDERING this matter is TRANSFERRED to the USDC for the Central District of California. CASE CLOSED.(Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD HERNANDEZ, 12 13 14 15 Plaintiff, vs. ORDER P. HOLMAN, Defendant. 16 17 18 19 No. 2:17-CV-0593-CMK-P / Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. For cases such as this, which are based on federal question jurisdiction, the federal 20 venue statute requires that the action be brought only in (1) a judicial district where any 21 defendant resides, if all defendants reside in the same State, (2) a judicial district in which a 22 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 23 of property that is the subject of the action is situated, or (3) a judicial district in which any 24 defendant may be found, if there is no district in which the action may otherwise be brought. See 25 28 U.S.C. § 1391(b). Here, the claim(s) arose in San Luis Obispo County, which is within the 26 boundaries of the United States District Court for the Central District of California. Therefore, 1 1 the court finds that this action most appropriately proceeds in that district. In the interest of 2 justice, the court will transfer this case. See 28 U.S.C. § 1406(a). 3 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. 5 6 7 8 DATED: May 24, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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