(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DRON BOTTS,
Plaintiff,

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v.
CORCORAN STATE PRISON,
Defendant.

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Case No.: 1:20-cv-01287-JLT (HC)
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE EASTERN
DISTRICT OF CALIFORNIA

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The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all defendants

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are residents of the State in which the district is located; (2) a judicial district in which a substantial

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

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the subject of the action is situated; or (3) if there is no district in which an action may otherwise be

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brought as provided in this section, 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, Petitioner is challenging a prison disciplinary hearing held at High Desert State

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Prison (“HDSP”) in Susanville, California, concerning events which occurred when Petitioner was

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incarcerated at HDSP. HDSP is located in the Sacramento Division of the Eastern District of

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California. Since the events giving rise to the claim took place at HDSP in Susanville, California, the

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petition should have been filed in the Sacramento Division. In the interest of justice, a federal court
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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.

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IT IS SO ORDERED.
Dated:

September 14, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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