Bonilla v Hollows

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/30/2018 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Henshaw, R)

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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-1160-EFB P

Plaintiff,
v.

ORDER

GREGORY G. HOLLOWS,
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. Plaintiff has not filed an application to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915 or paid the filing fee for this action.

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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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In this case, plaintiff names Gregory G. Hollows, Magistrate Judge of the United States
District Court for the Eastern District of California, as the sole defendant. However, it is evident
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from the complaint and its attachments that plaintiff is attempting to challenge the judgment of

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

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District of California. Therefore, the court finds that the convenience of the parties and witnesses

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and the interests of justice are better served by transferring this action to the United States District

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Court 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 30, 2018.

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