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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 RAFAEL PEREZ, Plaintiff. 13 Case No.: C 14-0642 JSC (PR) ORDER OF TRANSFER v. 14 15 16 BRIAN DUFFY; L. DAVIS; S. COWDON; B.E. OLSON, Defendants. 17 18 19 20 Plaintiff, a California prisoner in Tracy, California, filed this civil rights action 21 pursuant to 42 U.S.C. § 1983. He complains about events that occurred when he was 22 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 23 24 district in which (1) any defendant resides, if all of the defendants reside in the same state, (2) 25 the district in which a substantial part of the events or omissions giving rise to the claim 26 occurred, or a substantial part of property that is the subject of the action is situated, or (3) a 27 28 1 Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 1.) 1 judicial district in which any defendant may be found, if there is no district in which the action 2 may otherwise be brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, 3 the district court has the discretion either to dismiss the case or transfer it to the proper federal 4 court “in the interest of justice.” 28 U.S.C. § 1406(a). 5 Plaintiff’s allegations arise out of events occurring at C.M.F., and the defendants are 6 located there. Both C.M.F. and Tracy, where plaintiff is currently located, lie within the 7 venue of the United States District Court for the Eastern District of California. 8 9 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. 11 United States District Court 10 IT IS SO ORDERED. 12 13 Dated: February 27, 2014 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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