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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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 HERMAN TIEMENS, JR., Plaintiff, 13 Case No.: C 14-2093 JSC (PR) ORDER OF TRANSFER v. 14 15 16 BRIAN DUFFY, et al., (Dkt. No. 2) Defendant. 17 18 Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42 19 20 U.S.C. § 1983. 1 Plaintiff complains that his finances are being mismanaged by the 21 accounting office at the California Medical Facility (C.M.F.). He sues the Governor of 22 California, the Secretary of the California Department of Corrections and Rehabilitation, the 23 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 24 25 district in which (1) any defendant resides, if all of the defendants reside in the same state, (2) 26 the district in which a substantial part of the events or omissions giving rise to the claim 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. 4.) 1 occurred, or a substantial part of property that is the subject of the action is situated, or (3) a 2 judicial district in which any defendant may be found, if there is no district in which the action 3 may otherwise be brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, 4 the district court has the discretion either to dismiss the case or transfer it to the proper federal 5 court “in the interest of justice.” 28 U.S.C. § 1406(a). 6 Plaintiff’s allegations arise out of events occurring at C.M.F., and the defendants are 7 located at C.M.F. and in Sacramento. C.M.F. is in Solano County. Both Solano and 8 Sacramento Counties lie within the venue of the United States District Court for the Eastern 9 District of California. See 28 U.S.C. § 84. 10 Northern District of California United States District Court 11 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. 12 The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the 13 Court defers to the Eastern District for ruling on the application to proceed in forma pauperis. 14 The Clerk shall terminate docket number 2 from this Court's docket. 15 IT IS SO ORDERED. 16 17 Dated: June 16, 2014 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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