Pearson v. Scenario et al

Filing 4

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 6/20/07. (jjo, COURT STAFF) (Filed on 6/20/2007)

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Pearson v. Scenario et al Doc. 4 Case 3:07-cv-03042-JSW Document 4 Filed 06/20/2007 Page 1 of 3 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, currently incarcerated at Central Valley MCCF in McFarland, California, has filed this civil rights action challenging the medical care he has received while incarcerated there. McFarland, California 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 F.2d 1486, 1488 (9th Cir. 1986). Plaintiff complains about conditions of confinement at a prison located in Kern vs. DOCTOR SCENARIO, et al, Defendants. MELVIN PEARSON, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. C 07-3042 JSW (PR) ORDER OF TRANSFER (Docket No. 2) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 3:07-cv-03042-JSW Document 4 Filed 06/20/2007 Page 2 of 3 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 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. In light of the transfer, the Court will not resolve Plaintiff's pending motion seeking to proceed in forma pauperis (docket no. 2). IT IS SO ORDERED. DATED:June 20, 2007 JEFFREY S. WHITE United States District Judge 2 Case 3:07-cv-03042-JSW Document 4 Filed 06/20/2007 Page 3 of 3 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 Melvin Pearson T75289 Central Valley MCCF 254 Taylor Avenue McFarland, CA 93250 Dated: June 20, 2007 v. SCENARIO et al, Defendant. MELVIN PEARSON, Plaintiff, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV07-03042 JSW CERTIFICATE OF SERVICE / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 20, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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