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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ANDRE JUSTE, Plaintiff, United States District Court Northern District of California 11 12 13 Case No. 16-cv-07120-HSG (PR) ORDER OF TRANSFER v. JOHN B. REID, et al., Defendants. 14 15 16 Plaintiff, a detainee at the Buffalo Federal Detention Facility in Batavia, New York, filed 17 this action against employees of the United States Department of Justice’s Executive Office for 18 Immigration Review, Office of Information Policy, and Justice Management Division. His claims 19 concern his inability to obtain documents and other concerns relating to his immigration 20 proceedings. 21 When jurisdiction is not founded solely on diversity, as here, venue is proper in the district 22 in which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district 23 in which a substantial part of the events or omissions giving rise to the claim occurred, or a 24 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 25 which any defendant may be found, if there is no district in which the action may otherwise be 26 brought. 28 U.S.C. § 1391(b). The acts complained of here occurred in Batavia, New York, 27 which is in the Western District of New York. There appears to be no link to this district. Venue, 28 therefore, properly lies in that district and not in this one. 1 This case is therefore TRANSFERRED to the United States District Court for the Western 2 District of New York. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule 3 upon plaintiff's request for leave to proceed in forma pauperis. The Clerk shall transfer the file 4 forthwith. 5 6 IT IS SO ORDERED. Dated: 1/12/2017 7 8 HAYWOOD S. GILLIAM, JR. United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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