Tiemens v. Duffy et al

Filing 5

ORDER TRANSFERRING CASE TO EASTERN DISTRICT OF CALIFORNIA.. Signed by Judge Jacqueline Scott Corley on 6/16/14. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 6/16/2014)

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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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HERMAN TIEMENS, JR.,
Plaintiff,

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Case No.: C 14-2093 JSC (PR)
ORDER OF TRANSFER

v.

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BRIAN DUFFY, et al.,

(Dkt. No. 2)

Defendant.

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

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U.S.C. § 1983. 1 Plaintiff complains that his finances are being mismanaged by the

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accounting office at the California Medical Facility (C.M.F.). He sues the Governor of

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California, the Secretary of the California Department of Corrections and Rehabilitation, the

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Warden of C.M.F., and the C.M.F. account office.
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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Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (Dkt. No. 4.)

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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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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 at C.M.F. and in Sacramento. C.M.F. is in Solano County. Both Solano and

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Sacramento Counties lie within the venue of the United States District Court for the Eastern

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District of California. See 28 U.S.C. § 84.

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Northern District of California

United States District Court

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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.

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The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the

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Court defers to the Eastern District for ruling on the application to proceed in forma pauperis.

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The Clerk shall terminate docket number 2 from this Court's docket.

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IT IS SO ORDERED.

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Dated: June 16, 2014
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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