Norton v. Hallock

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 08/23/17 ordering CASE TRANSFERRED to the U.S. 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 JONATHAN J. NORTON, 12 Plaintiff, 13 14 v. No. 2:17-cv-1742-EFB P ORDER L. HALLOCK, 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983.1 He asserts a claim arising out of events that occurred at Pelican Bay State Prison 19 in Crescent City, California. 20 The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 district in which any defendant resides, if all defendants are residents of the State in which the 22 district is located, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 24 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 25 this action, any judicial district in which any defendant is subject to the court’s personal 26 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 27 28 1 He has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 1 1 In this case, the defendant is located in and the claim arose in Del Norte County. Because 2 Del Norte County lies within the venue of the Northern District of California, venue properly lies 3 in that district. For the convenience of the parties and witnesses and in the interests of justice, 4 this case will be transferred to the Northern District of California. See 28 U.S.C. § 1391(b); 28 5 U.S.C. § 84(a). 6 Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Northern 7 District of California. See 28 U.S.C. § 1404(a). 8 Dated: August 23, 2017. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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