Perez v. Duffy et al

Filing 3

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 2/27/2014. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 2/27/2014)

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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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RAFAEL PEREZ,
Plaintiff.

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Case No.: C 14-0642 JSC (PR)
ORDER OF TRANSFER

v.

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BRIAN DUFFY; L. DAVIS; S.
COWDON; B.E. OLSON,
Defendants.

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Plaintiff, a California prisoner in Tracy, California, filed this civil rights action

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pursuant to 42 U.S.C. § 1983. He complains about events that occurred when he was

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incarcerated at the California Medical Facility ("C.M.F.") in Vacaville, California. 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. 1.)

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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 C.M.F., and the defendants are

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located there. Both C.M.F. and Tracy, where plaintiff is currently located, lie within the

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

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this case is
TRANSFERRED to the United States District Court for the Eastern District of California

Northern District of California

The Clerk of the Court shall transfer this matter forthwith.

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United States District Court

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IT IS SO ORDERED.

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Dated: February 27, 2014
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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