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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY TYRONE GARRISON,
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Plaintiff,
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v.
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NAPA COUNTY DEPARTMENT OF
CORRECTIONS,

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Defendant.

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No. C 13-0742 JSW (PR)
ORDER OF TRANSFER

(Docket No. 2)

__________________________________

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Plaintiff, an inmate in the custody of Napa County officials, has filed this pro se
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civil rights complaint under 42 U.S.C. § 1983 complaining of actions taken by such
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officials while in their custody.
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When, as here, jurisdiction is not founded solely on diversity, venue is proper in
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the district in which (1) any defendant resides, if all of the defendants reside in the same
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state, (2) the district in which a substantial part of the events or omissions giving rise to
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the claim occurred, or a substantial part of property that is the subject of the action is
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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). Where a
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case is filed in the wrong venue, the district court has the discretion either to dismiss the
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case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. §
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1406(a). Venue may be raised by the court sua sponte where the defendant has not yet
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filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790
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F.2d 1486, 1488 (9th Cir. 1986).
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Napa County, where the defendants and events giving rise to the complaint are

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located, lies within the venue of the United States District Court for the Eastern District

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of California. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to

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28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States District

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Court for the Eastern District of California. Ruling on Plaintiff’s pending motion to

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proceed in forma pauperis (dkt. 2) is deferred to the Eastern District.

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The Clerk of the Court shall transfer this matter forthwith and terminate docket

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number 2 from this Court’s docket.

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IT IS SO ORDERED.

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DATED: March 1, 2013
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY TYRONE GARRISON,

Case Number: CV13-00742 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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NAPA COUNTY DEPARTMENT OF
CORRECTIONS et al,
Defendant.

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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.

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Anthony T. Garrison
#201203778
1125 Third Street
Napa, CA 94559

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Dated: March 1, 2013

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk