Henderson v. Florida State Hospital

Filing 4

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 4/23/2018. (ahm, COURT STAFF) (Filed on 4/23/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEITH HENDERSON, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No.18-cv-02164-JSC ORDER OF TRANSFER v. FLORIDA STATE HOSPITAL, Defendant. Plaintiff, an inmate in the Early County Jail in Blakely, Georgia, filed this pro se civil 13 rights action under 42 U.S.C. § 1983. Plaintiff sues a number of officials in Early County, as well 14 as in Florida, where he was previously incarcerated. Plaintiff complains about various rules of the 15 Florida courts, which appear to have been applied to him when he had a case in the Florida courts. 16 When, as here, jurisdiction is not founded on diversity, venue is proper in the district in 17 which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in 18 which a substantial part of the events or omissions giving rise to the claim occurred, or a 19 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 20 which any defendant may be found, if there is no district in which the action may otherwise be 21 brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, the district court has the 22 discretion either to dismiss the case or transfer it to the proper federal court “in the interest of 23 justice.” 28 U.S.C. § 1406(a). 24 None of the Defendants reside in California and none of the events or omissions giving rise 25 to Plaintiff's claims took place in California. Plaintiff names many Defendants residing in Florida, 26 in three different counties: Gadsden, Jackson and Orange Counties. Gadsden and Jackson County 27 are in the Northern District of Florida, and Orange County is in the Middle District of Florida. See 28 28 U.S.C. § 89. Because the majority of the Defendants reside in the Northern District of Florida, 1 it would appear that a substantial part of the events took place there, and that venue is proper in 2 that district under 28 U.S.C. § 1391(b)(2). Accordingly, in the interest of justice and pursuant to 3 28 U.S.C. §§ 1391 and 1406(a), this case is TRANSFERRED to the United States District Court 4 for the Northern District of Florida. 5 The Clerk of the Court shall transfer this matter forthwith. 6 IT IS SO ORDERED. 7 Dated: April 23, 2018 8 9 JACQUELINE SCOTT CORLEY United States Magistrate Judge 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 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEITH HENDERSON, Case No. 18-cv-02164-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 FLORIDA STATE HOSPITAL, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 23, 2018, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 18 19 20 Keith Henderson ID: Chastity 25 Early County Jail Facility P.O. Box 939 Blakely, GA 39823 21 22 23 Dated: April 23, 2018 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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