Huerta v. Virga

Filing 6

ORDER OF TRANSFER (Illston, Susan) (Filed on 10/26/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GIORGINO HUERTA, 8 Plaintiff, 9 10 United States District Court Northern District of California 11 Case No. 17-cv-06008-SI ORDER OF TRANSFER v. Re: Dkt. No. 1 TIM VIRGA, Defendant. 12 13 Plaintiff, an inmate at the California Health Care Facility in Stockton, filed this civil rights 14 action under 42 U.S.C. § 1983, complaining about events and omissions that occurred at the 15 California State Prison - Sacramento in Represa, California, located in Sacramento County. 16 Sacramento County is within the venue of the Eastern District of California. The lone defendant 17 works at the prison in Represa and apparently resides in the Eastern District of California. No 18 defendant is alleged to reside in, and none of the events or omissions giving rise to the complaint 19 occurred in, the Northern District. Venue therefore would be proper in the Eastern District and not 20 in this one. See 28 U.S.C. § 1391(b). Accordingly, in the interest of justice and pursuant to 28 21 U.S.C. § 1406(a), this action is TRANSFERRED to the United States District Court for the 22 Eastern District of California. The clerk shall transfer this matter. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 26, 2017 ______________________________________ SUSAN ILLSTON United States District Judge

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