Bracken v. Muniz

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/13/2017 TRANSFERRING this case to the USDC for the Northern District of California. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM ARTHUR BRACKEN,

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No. 2:17-cv-2341-EFB P

Plaintiff,
v.

ORDER

WILLIAM L. MUNIZ,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983.1 He asserts claims arising out of events that occurred at Salinas Valley State

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Prison in Soledad, California.

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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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He has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
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In this case, the defendants are located in and the claims arose in Monterey County.

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Because Monterey County lies within the venue of the Northern District of California, venue

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properly lies in that district. For the convenience of the parties and witnesses and in the interests

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of justice, this case will be transferred to the Northern District of California. See 28 U.S.C.

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§ 1391(b); 28 U.S.C. § 84(a).

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Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Northern

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District of California. See 28 U.S.C. § 1404(a).

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Dated: November 13, 2017.

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