Turner v. Gibson

Filing 4

ORDER OF TRANSFER. Signed by Judge JEFFREY S. WHITE on 10/1/13. (jjoS, 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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ANTHONY R. G. TURNER,
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Plaintiff,
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v.
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CONNIE GIBSON,
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Defendants.
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__________________________________ )

No. C 13-4044 JSW (PR)
ORDER OF TRANSFER

(Docket No. 5)

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Plaintiff, a California prisoner, filed this pro se civil rights complaint under 42

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U.S.C. § 1983, complaining about conditions at the California State Prison in Corcoran,

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California (“Corcoran”), where he was incarcerated.

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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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Plaintiff’s claims arise from events that took place at Corcoran, and he sues

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defendants located there. Corcoran lies within the venue of the United States District

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Court for the Eastern District of California. Accordingly, IT IS ORDERED in the

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interest of justice, and pursuant to 28 U.S.C. § 1406(a), that this action be

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TRANSFERRED to the United States District Court for the Eastern District of

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California. Ruling on Plaintiff’s motion (dkt. 3) is deferred to the Eastern District.

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The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.

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DATED: October 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 R TURNER,

Case Number: CV13-04044 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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CONNIE GIBSON et al,

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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 October 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 Recardo G. Turner
#G27511
P.O.Box 3461
Corcoran, CA 93212
Dated: October 1, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk