Rodriguez v. Hense et al

Filing 3

ORDER OF TRANSFER. Case transferred to the Eastern District of California. Signed by Judge Jeffrey S. White on 3/7/07. (jjo, COURT STAFF) (Filed on 3/7/2007) Modified on 3/7/2007 (sis, COURT STAFF).

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Rodriguez v. Hense et al Doc. 3 Case 3:07-cv-01201-JSW Document 3 Filed 03/07/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner currently incarcerated at the Correctional Training Facility located in Soledad, California. He filed this civil rights action challenging the actions of prison officials at North Kern State Prison, in Delano, California, in failing to protect him from an assault by another prisoner. North Kern State Prison is located in Kern County, within the venue of the United States District Court for the Eastern District of California. When jurisdiction is not founded solely on diversity, venue is proper in the district in which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. 28 U.S.C. 1391(b). Where a case is filed in the wrong venue, the district court has the discretion either to dismiss the case or transfer it to the proper federal court "in the interest of justice." 28 U.S.C. 1406(a). Venue may be raised by the court sua sponte where the defendant has not yet filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 vs. L. C. HENSE, Warden, et al, Defendants. EDDIE RODRIGUEZ, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. C 07-1201 JSW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 3:07-cv-01201-JSW Document 3 Filed 03/07/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F.2d 1486, 1488 (9th Cir. 1986). Plaintiff complains about conditions of confinement at a prison located in Kern County, within the venue of the Eastern District of California. See 28 U.S.C. 84. Therefore, the Court will transfer this action to the United States District Court for the Eastern District of California. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. 1406(a), that this action be TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk of the Court shall transfer this matter forthwith. IT IS SO ORDERED. DATED:March 7, 2007 JEFFREY S. WHITE United States District Judge 2

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