Larson v. McDonald et al

Filing 17

ORDER of Transfer. Signed by Judge Edward M. Chen on 5/31/2016. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 5/31/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SCOTT LARSON,
Plaintiff,

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ORDER OF TRANSFER

v.
JAMES MCDONALD, et al.,
Defendants.

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For the Northern District of California

United States District Court

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Case No. 16-cv-00871-EMC

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Plaintiff, an inmate at the Avenal State Prison filed this pro se civil rights action, alleging

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that he received inadequate medical care while housed at LaPalma Correctional Center in Eloy,

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Arizona, and now at Avenal State Prison. He alleges that he was denied hernia surgery at the

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Arizona prison because the California Department of Corrections and Rehabilitation (CDCR)

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refused to authorize the surgery, and alleges that he continues to be denied hernia surgery at

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Avenal State Prison. He seeks damages and injunctive relief in the form of an order for him to

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receive hernia surgery. The defendants are the Director of the CDCR and the warden of the

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Arizona prison. Avenal State Prison is located in Kings County, within the venue of the Eastern

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District of California, and the Secretary of the CDCR apparently resides in the Eastern District of

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California. The LaPalma Correctional Center is located within the venue of the District of

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Arizona, and the warden of that prison apparently resides in the District of Arizona. No defendant

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is alleged to reside in, and none of the events or omissions giving rise to the complaint occurred

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in, the Northern District of California. Venue therefore would be proper in the Eastern District of

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California or the District of Arizona – because one defendant apparently resides in, and some

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events or omissions giving rise to the complaint, occurred in each of those districts – and not in the

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Northern District of California. See 28 U.S.C. § 1391(b). As for whether the case should proceed

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in the Eastern District of California or the District of Arizona, the former is the better choice. The

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Eastern District of California appears to be the preferable venue due to the allegations that the

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ultimate decisionmaker on the surgery was in the CDCR (the headquarters for which is located in

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the Eastern District of California), and the request for an injunction for surgery from the prisoner

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who is now housed in the Eastern District of California. Accordingly, in the interest of justice and

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pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United States District

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Court for the Eastern District of California. The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: May 31, 2016
______________________________________
EDWARD M. CHEN
United States District Judge

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