Rubalcaba v. Witt et al

Filing 4

ORDER of Transfer. Signed by Judge Edward M. Chen on 3/14/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 3/14/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 HECTOR RUBALCABA, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-13-1072 EMC (pr) DUSTIN WITT; et al., 12 ORDER OF TRANSFER Defendants. ___________________________________/ 13 14 Plaintiff, an inmate at the Merced County Jail, filed this pro se civil action, complaining of 15 events and omissions that occurred during his arrest and incarceration in Merced County. Merced 16 County is located within the venue of the Eastern District of California. Defendants are members of 17 the Merced Police Department and Merced County Sheriff's Department, and apparently reside in 18 the Eastern District of California. No Defendant is alleged to reside in, and none of the events or 19 omissions giving rise to the complaint occurred in, the Northern District. Venue therefore would be 20 proper in the Eastern District, and not in this one. See 28 U.S.C. § 1391(b). Accordingly, in the 21 interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United 22 States District Court for the Eastern District of California. The Clerk shall transfer this matter. 23 IT IS SO ORDERED. 24 25 Dated: March 14, 2013 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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