Hernandez v. Deuel Vocational Institution

Filing 9

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 10/1/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 10/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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STEVEN HERNANDEZ,
Plaintiff.

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Case No.: C 13-3915 JSC (PR)
ORDER OF TRANSFER

v.

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DEUEL VOCATIONAL INSTITUTION
MEDICAL PERSONNEL, et al.,

(Dkt. No. 7)

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Defendants.

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Plaintiff, a California prisoner at the Deuel Vocational Institute (“D.V.I.”), filed this

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civil rights action pursuant to 42 U.S.C. § 1983 in which he complains about the conditions of

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his confinement. 1
When, as here, jurisdiction is not founded solely on diversity, venue is proper in the

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district in which (1) any defendant resides, if all of the defendants reside in the same state, (2)

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the district in which a substantial part of the events or omissions giving rise to the claim

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occurred, or a substantial part of property that is the subject of the action is situated, or (3) a

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Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (Dkt. No. 8.)

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judicial district in which any defendant may be found, if there is no district in which the action

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may otherwise be brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue,

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the district court has the discretion either to dismiss the case or transfer it to the proper federal

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court “in the interest of justice.” 28 U.S.C. § 1406(a).

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Plaintiff’s allegations arise out of events occurring at D.V.I., and the responsible

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officials are located there. D.V.I. is located in Tracy, California, which lies within the venue

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of the United States District Court for the Eastern District of California.

TRANSFERRED to the United States District Court for the Eastern District of California. In

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light of this transfer, ruling on Plaintiff's application to proceed in forma pauperis and motion

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Northern District of California

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

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United States District Court

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for appointment of counsel are deferred to the Eastern District.

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The Clerk of the Court shall transfer this matter forthwith and terminate docket number
7 from this Court's docket.
IT IS SO ORDERED.

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Dated: October 1, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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