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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN WAYNE BONILLA, 12 13 14 15 No. 2:18-cv-1160-EFB P Plaintiff, v. ORDER GREGORY G. HOLLOWS, Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. Plaintiff has not filed an application to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915 or paid the filing fee for this action. 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 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 1 1 from the complaint and its attachments that plaintiff is attempting to challenge the judgment of 2 conviction imposed upon him by the Alameda County Superior Court, which lies in the Northern 3 District of California. Therefore, the court finds that the convenience of the parties and witnesses 4 and the interests of justice are better served by transferring this action to the United States District 5 Court for the Northern District of California. 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 7 States District Court for the Northern District of California. See 28 U.S.C. § 1404(a). 8 Dated: May 30, 2018. 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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