Juste v. Reid et al

Filing 10

ORDER OF TRANSFER. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 1/12/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 1/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDRE JUSTE,
Plaintiff,

United States District Court
Northern District of California

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Case No. 16-cv-07120-HSG (PR)
ORDER OF TRANSFER

v.
JOHN B. REID, et al.,
Defendants.

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Plaintiff, a detainee at the Buffalo Federal Detention Facility in Batavia, New York, filed

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this action against employees of the United States Department of Justice’s Executive Office for

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Immigration Review, Office of Information Policy, and Justice Management Division. His claims

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concern his inability to obtain documents and other concerns relating to his immigration

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proceedings.

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When jurisdiction is not founded solely on diversity, as here, venue is proper in the district

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in which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district

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in which a substantial part of the events or omissions giving rise to the claim occurred, or a

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substantial part of property that is the subject of the action is situated, or (3) a judicial district in

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which any defendant may be found, if there is no district in which the action may otherwise be

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brought. 28 U.S.C. § 1391(b). The acts complained of here occurred in Batavia, New York,

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which is in the Western District of New York. There appears to be no link to this district. Venue,

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therefore, properly lies in that district and not in this one.

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This case is therefore TRANSFERRED to the United States District Court for the Western

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District of New York. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule

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upon plaintiff's request for leave to proceed in forma pauperis. The Clerk shall transfer the file

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forthwith.

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IT IS SO ORDERED.
Dated: 1/12/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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