Henderson v. Florida State Hospital
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KEITH HENDERSON,
Plaintiff,
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United States District Court
Northern District of California
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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
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rights action under 42 U.S.C. § 1983. Plaintiff sues a number of officials in Early County, as well
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as in Florida, where he was previously incarcerated. Plaintiff complains about various rules of the
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Florida courts, which appear to have been applied to him when he had a case in the Florida courts.
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When, as here, jurisdiction is not founded on diversity, venue is proper in the district in
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which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in
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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). Where a case is filed in the wrong venue, the district court has the
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discretion either to dismiss the case or transfer it to the proper federal court “in the interest of
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justice.” 28 U.S.C. § 1406(a).
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None of the Defendants reside in California and none of the events or omissions giving rise
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to Plaintiff's claims took place in California. Plaintiff names many Defendants residing in Florida,
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in three different counties: Gadsden, Jackson and Orange Counties. Gadsden and Jackson County
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are in the Northern District of Florida, and Orange County is in the Middle District of Florida. See
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28 U.S.C. § 89. Because the majority of the Defendants reside in the Northern District of Florida,
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it would appear that a substantial part of the events took place there, and that venue is proper in
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that district under 28 U.S.C. § 1391(b)(2). Accordingly, in the interest of justice and pursuant to
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28 U.S.C. §§ 1391 and 1406(a), this case is TRANSFERRED to the United States District Court
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for the Northern District of Florida.
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The Clerk of the Court shall transfer this matter forthwith.
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IT IS SO ORDERED.
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Dated: April 23, 2018
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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United States District Court
Northern District of California
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KEITH HENDERSON,
Case No. 18-cv-02164-JSC
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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FLORIDA STATE HOSPITAL,
Defendant.
United States District Court
Northern District of California
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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.
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Keith Henderson ID: Chastity 25
Early County Jail Facility
P.O. Box 939
Blakely, GA 39823
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Dated: April 23, 2018
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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