Henderson v. Office of the Henry Mark Sims Public Defender 14th Judicial Circuit

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 KEITH HENDERSON, 7 Plaintiff, 8 ORDER OF TRANSFER v. 9 JOEL ARNOLD, et al., 10 Defendants. 11 United States District Court Northern District of California Case No. 21-cv-01867-JSC (ECF Nos. 2, 3, 7, 11) 12 Plaintiff, a Florida prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. 13 14 § 1983.1 Plaintiff is located at the Suwanee Correctional Institution in Live Oak, Florida. He 15 complains about actions by federal, state, and county government officials in Jackson and Leon 16 Counties in Florida. When, as here, jurisdiction is not founded on diversity, venue is proper in the district in 17 18 which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in 19 which a substantial part of the events or omissions giving rise to the claim occurred, or a 20 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 21 which any defendant may be found, if there is no district in which the action may otherwise be 22 brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, the district court has the 23 discretion either to dismiss the case or transfer it to the proper federal court “in the interest of 24 justice.” 28 U.S.C. § 1406(a). Plaintiff’s allegations arise out of events occurring in Jackson and Leon Counties, which 25 26 lie within the venue of the United States District Court for the Northern District of Florida. See 28 27 28 1 Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (ECF No. 8.) 1 U.S.C. § 89. Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this case 2 is TRANSFERRED to the United States District Court for the Northern District of Florida. 3 The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the 4 Court defers to the Northern District of Florida for ruling on the motions for leave to proceed in 5 forma pauperis, to show cause, and for appointment of counsel. 6 The Clerk shall terminate docket numbers 2, 3, 7, and 11 from this Court's docket. 7 IT IS SO ORDERED. 8 Dated: April 28, 2021 9 10 JACQUELINE SCOTT CORLEY United States Magistrate Judge 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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