(HC) Botts v. Corcoran State Prison

Filing 2

ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/14/2020. CASE TRANSFERRRED to SACRAMENTO Division. New Case Number 2:20-CV-1856 GGH (HC). Old Case Number 1:20-CV-1287 JLT (HC). (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DRON BOTTS, Plaintiff, 12 13 14 15 16 v. CORCORAN STATE PRISON, Defendant. ) ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-01287-JLT (HC) ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA 17 The federal venue statute requires that a civil action, other than one based on diversity 18 jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all defendants 19 are residents of the State in which the district is located; (2) a judicial district in which a substantial 20 part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is 21 the subject of the action is situated; or (3) if there is no district in which an action may otherwise be 22 brought as provided in this section, any judicial district in which any defendant is subject to the court’s 23 personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 24 In this case, Petitioner is challenging a prison disciplinary hearing held at High Desert State 25 Prison (“HDSP”) in Susanville, California, concerning events which occurred when Petitioner was 26 incarcerated at HDSP. HDSP is located in the Sacramento Division of the Eastern District of 27 California. Since the events giving rise to the claim took place at HDSP in Susanville, California, the 28 petition should have been filed in the Sacramento Division. In the interest of justice, a federal court 1 1 2 3 may transfer a case to the appropriate district. See 28 U.S.C. § 1406(a). Accordingly, the Court ORDERS that this matter is transferred to the Sacramento Division of the United States District Court for the Eastern District of California. 4 5 6 7 IT IS SO ORDERED. Dated: September 14, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 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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