(PC) McClain v. Scottini
Filing
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ORDER TRANSFERRING CASE. Signed by Magistrate Judge Virginia K. DeMarchi on 9/15/2022. (vkdlc1, COURT STAFF) (Filed on 9/15/2022)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 9/16/2022.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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JASON MCCLAIN,
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Plaintiff,
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ORDER OF TRANSFER
v.
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Re: Dkt. No. 2
D. SCOTTINI,
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United States District Court
Northern District of California
Case No. 22-cv-05238-VKD
Defendant.
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Plaintiff Jason McClain, a state inmate proceeding pro se, filed a civil rights complaint
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under 42 U.S.C. § 1983 against Correctional Officer D. Scottini at California State Prison –
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Sacramento, where Mr. McClain was previously incarcerated.1 Dkt. No. 1 at 2. Mr. McClain
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claims Officer Scottini sexually abused him on June 2, 2022. Id. at 3. Because the acts
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complained of occurred in Sacramento County, which lies within the venue of the Eastern District
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of California, see 28 U.S.C. § 84(b), and because defendant likely resides in that district as well,
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venue properly lies in the Eastern District of California and not in this district. See 28 U.S.C.
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§ 1391(b). This Court has discretion to either dismiss the case for incorrect venue or transfer it to
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the proper federal court “in the interest of justice.” See 28 U.S.C. § 1406(a). The Court concludes
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that the interest of justice is best served by transfer, and accordingly orders the case
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TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk of the Court shall terminate all pending motions and transfer the entire file to the
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Eastern District of California.
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Mr. McClain is currently housed at C.S.P. – Los Angeles County. Dkt. No. 1 at 1.
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IT IS SO ORDERED.
Dated: September 15, 2022
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VIRGINIA K. DEMARCHI
United States Magistrate Judge
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United States District Court
Northern District of California
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