Jackson v. Pompan et al
Filing
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ORDER Transferring Case to the Northern District of California, signed by Magistrate Judge Sheila K. Oberto on 11/27/12. (Gonzalez, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PATRICK JACKSON,
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1:12-cv-01919-SKO (PC)
Plaintiff,
ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA
vs.
DONALD C. POMPAN, et al.,
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Defendants.
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/
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983. The federal venue statute requires that a civil action, other than one based on
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diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
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defendants reside in the same state, (2) a judicial district in which a substantial part of the events or
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omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of
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the action is situated, or (3) a judicial district in which any defendant may be found, if there is no
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district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
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Given that the events arose in Monterey County and no defendant resides in this district,
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Plaintiff’s complaint should have been filed in the United States District Court for the Northern
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District of California. See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986) (court may raise
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defective venue sua sponte). Accordingly, this action is HEREBY ORDERED TRANSFERRED to
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the United States District Court for the Northern District of California.
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IT IS SO ORDERED.
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Dated:
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November 27, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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