Henderson v. Arnold, et al

Filing 13

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 4/28/2021. (ahm, COURT STAFF) (Filed on 4/28/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)Order to be mail to Plaintiff on 5/4/2021.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEITH HENDERSON,

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Plaintiff,

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ORDER OF TRANSFER

v.

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JOEL ARNOLD, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No. 21-cv-01867-JSC

(ECF Nos. 2, 3, 7, 11)

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Plaintiff, a Florida prisoner proceeding pro se, filed this civil rights action under 42 U.S.C.

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§ 1983.1 Plaintiff is located at the Suwanee Correctional Institution in Live Oak, Florida. He

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complains about actions by federal, state, and county government officials in Jackson and Leon

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Counties in Florida.
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).
Plaintiff’s allegations arise out of events occurring in Jackson and Leon Counties, which

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lie within the venue of the United States District Court for the Northern District of Florida. See 28

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Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (ECF No. 8.)

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U.S.C. § 89. Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this case

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is TRANSFERRED to the United States District Court for the Northern District of Florida.

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The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the

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Court defers to the Northern District of Florida for ruling on the motions for leave to proceed in

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forma pauperis, to show cause, and for appointment of counsel.

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The Clerk shall terminate docket numbers 2, 3, 7, and 11 from this Court's docket.

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IT IS SO ORDERED.

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Dated: April 28, 2021

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

United States District Court
Northern District of California

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