Legaspi v. Cate et al

Filing 7

ORDER OF TRANSFER (Illston, Susan) (Filed on 1/9/2012) (Additional attachment(s) added on 1/9/2012: # 1 Certificate/Proof of Service) (tf, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DIEGO A. LEGASPI,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 11-4425 SI (pr)
ORDER OF TRANSFER

v.

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MATTHEW CATE, Director of
Corrections; TERRI GONZALEZ, Warden of
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Defendants.
/

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Diego Legaspi filed this civil rights action under 42 U.S.C. § 1983, complaining of events

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or omissions that occurred at the California Men's Colony in San Luis Obispo County, where

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he currently is housed. San Luis Obispo County is within the venue of the Central District of

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California. One defendant, the prison warden in San Luis Obispo, apparently resides within the

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venue of the Central District of California. The other defendant, the CDCR director in

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Sacramento, apparently resides within the venue of the Eastern District of California.

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defendant is alleged to reside in, and none of the events or omissions giving rise to the complaint

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occurred in, the Northern District of California. Venue therefore would be proper in the Central

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District or Eastern District and not in this one. See 28 U.S.C. § 1391(b). The witnesses and

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evidence likely will be found primarily in the Central District as that is the district in which the

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events and omissions occurred and the plaintiff is incarcerated. Accordingly, in the interest of

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justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United States

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District Court for the Central District of California.

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No

The court has not ruled on the pending in forma pauperis application. The application

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will be ruled upon by the transferee court.

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The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: January 9, 2012

______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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