Patterson v. Zewert et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/28/2017 TRANSFERRING this case to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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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 BRYAN DAMON PATTERSON, 12 Plaintiff, 13 14 No. 2:17-cv-2446-EFB P v. ORDER THOMAS ZEWERT, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. He asserts claims arising out of events that occurred at Salinas Valley State 19 Prison and the Las Ventanas Surgery Center, both located in the County of Monterey. The federal venue statute provides that a civil action “may be brought in (1) a judicial 20 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). In this case, the defendants are located in and the claims arose in Monterey County. 27 28 ///// 1 1 Because Monterey County lies within the venue of the Northern District of California, venue 2 properly lies in that district. For the convenience of the parties and witnesses and in the interests 3 of justice, this case will be transferred to the Northern District of California. See 28 U.S.C. 4 § 1391(b); 28 U.S.C. § 84(a). 5 Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Northern 6 District of California. See 28 U.S.C. § 1404(a). 7 Dated: November 28, 2017. 8 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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