Bonilla v. Brennan

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/31/2018 TRANSFERRING this matter 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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STEVEN WAYNE BONILLA,

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No. 2:18-cv-1158-EFB P

Plaintiff,
v.

ORDER

EDMUND F. BRENNAN,
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. The federal venue statute provides that a civil action “may be brought in (1) a

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judicial district in which any defendant resides, if all defendants are residents of the State in

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which the district is located, (2) a judicial district in which a substantial part of the events or

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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of

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the action is situated, or (3) if there is no district in which an action may otherwise be brought as

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provided in this action, any judicial district in which any defendant is subject to the court’s

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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this case, plaintiff names the undersigned Magistrate Judge of the United States District

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Court for the Eastern District of California as the sole defendant. However, it is evident from the

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complaint and its attachments that plaintiff is attempting to challenge the judgment of conviction

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imposed upon him by the Alameda County Superior Court, which lies in the Northern District of

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California. Therefore, the court finds that the convenience of the parties and witnesses and the
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interests of justice are better served by transferring this action to the United States District Court

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for the Northern District of California.

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Northern District of California. See 28 U.S.C. § 1404(a).

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Dated: May 31, 2018.

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