Hicks v. Kate

Filing 3

ORDER OF TRANSFER (Illston, Susan) (Filed on 3/20/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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MICHAEL HICKS,

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No. C 11-5794 SI (pr)

Plaintiff,

ORDER OF TRANSFER

v.

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MATTHEW KATE,
Secretary of California Department
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Defendant.
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Michael Hicks filed this civil rights action under 42 U.S.C. § 1983, complaining of events

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

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previously was housed. That facility is in San Luis Obispo County, within the venue of the

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Central District of California. The lone defendant apparently resides in the Eastern District of

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California, but there are no allegations of any wrongdoing by that defendant. No defendant is

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

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in, the Northern District. Venue therefore would be proper in the Central District and not in this

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one. See 28 U.S.C. § 1391(b). The Central District (where the alleged wrongs occurred) is

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preferable to the Eastern District (where the lone defendant apparently resides) for venue

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because the defendant has not been linked to any claim and quite possibly will not remain as a

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defendant. Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this

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action is TRANSFERRED to the United States District Court for the Central District of

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California. The clerk shall transfer this matter.

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IT IS SO ORDERED.
Dated: March 20, 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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