Garrison v. Napa County Department of Corrections

Filing 4

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 3/1/13. (jjoS, COURT STAFF) (Filed on 3/1/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTHONY TYRONE GARRISON, 8 Plaintiff, 9 v. 10 11 NAPA COUNTY DEPARTMENT OF CORRECTIONS, 12 Defendant. 13 ) ) ) ) ) ) ) ) ) ) ) No. C 13-0742 JSW (PR) ORDER OF TRANSFER (Docket No. 2) __________________________________ 14 Plaintiff, an inmate in the custody of Napa County officials, has filed this pro se 15 civil rights complaint under 42 U.S.C. § 1983 complaining of actions taken by such 16 officials while in their custody. 17 When, as here, jurisdiction is not founded solely on diversity, venue is proper in 18 the district in which (1) any defendant resides, if all of the defendants reside in the same 19 state, (2) the district in which a substantial part of the events or omissions giving rise to 20 the claim occurred, or a substantial part of property that is the subject of the action is 21 situated, or (3) a judicial district in which any defendant may be found, if there is no 22 district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). Where a 23 case is filed in the wrong venue, the district court has the discretion either to dismiss the 24 case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. § 25 1406(a). Venue may be raised by the court sua sponte where the defendant has not yet 26 filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 27 F.2d 1486, 1488 (9th Cir. 1986). 28 1 Napa County, where the defendants and events giving rise to the complaint are 2 located, lies within the venue of the United States District Court for the Eastern District 3 of California. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 4 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States District 5 Court for the Eastern District of California. Ruling on Plaintiff’s pending motion to 6 proceed in forma pauperis (dkt. 2) is deferred to the Eastern District. 7 The Clerk of the Court shall transfer this matter forthwith and terminate docket 8 number 2 from this Court’s docket. 9 IT IS SO ORDERED. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: March 1, 2013 JEFFREY S. WHITE United States District Judge 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ANTHONY TYRONE GARRISON, Case Number: CV13-00742 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 9 10 NAPA COUNTY DEPARTMENT OF CORRECTIONS et al, Defendant. / 11 12 13 14 15 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 March 1, 2013, 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. 16 17 19 Anthony T. Garrison #201203778 1125 Third Street Napa, CA 94559 20 Dated: March 1, 2013 18 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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