(PC) Fayed v. Allison, et al.

Filing 4

ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on November 18, 2021. (mll, COURT STAFF) (Filed on 11/18/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 11/19/2021.]

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JAMES MICHAEL FAYED, 7 Plaintiff, 8 ORDER OF TRANSFER v. 9 KATHLEEN ALLISON, et al., 10 Defendants. 11 United States District Court Northern District of California Case No. 21-cv-08912-JST 12 13 Plaintiff, an inmate housed at San Quentin State Prison, filed this pro se civil rights action 14 pursuant to 42 U.S.C. § 1983. Plaintiff has named as defendants California Department of 15 Corrections and Rehabilitation (“CDCR”) Secretary Kathleen Allison and the County of Los 16 Angeles. He alleges that he is illegally incarcerated and falsely imprisoned due to the combined 17 and deliberate efforts of federal and state authorities who unconstitutionally refused to allow 18 Plaintiff to post bail. He seeks monetary damages. ECF No. 1. Section 1391(b) of the United 19 States Code, title 28, provides that venue for a civil action is proper in either the judicial district in 20 which any defendant resides or in the judicial district in which a substantial part of the events or 21 omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). Neither defendant resides in 22 this district, and the relevant events do not appear to have occurred in this district. Plaintiff has 23 identified defendant Allison’s location as Sacramento, California, which lies within the venue of 24 the Eastern District of California. See 28 U.S.C. § 84(b). Venue therefore properly lies in the 25 Eastern District. See id. § 1391(b). 26 // 27 // 28 // 1 Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C. 2 § 1406(a), this action be TRANSFERRED to the United States District Court for the Eastern 3 District of California. 4 5 6 7 IT IS SO ORDERED. Dated: November 18, 2021 ______________________________________ JON S. TIGAR United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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