Stokes v. Barnes

Filing 8

ORDER TRANSFERRING CASE TO CENTRAL DISTRICT OF CALIFORNIA ORANGE COUNTY. Signed by Magistrate Judge Thomas S. Hixson on 9/19/2022. (Attachments: #1 Envelope Mailing Service Label)(rmm2, COURT STAFF) (Filed on 9/19/2022)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)

FILED
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Sep 19 2022

Mark B. Busby
CLERK, U.S. DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DERRICK KENYATTA STOKES,
Plaintiff,

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ORDER OF TRANSFER

v.

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DON BARNES,
Defendant.

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United States District Court
Northern District of California

Case No. 22-cv-04521-TSH

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Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is

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incarcerated in Theo Lacy Facility in Orange, California, and brings suit against Orange County

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Sheriff Don Barnes regarding the conditions of confinement at Theo Lacy Facility. See generally

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Dkt. No. 1. Section 1391(b) of the United States Code, title 28, provides that venue for a civil

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action is proper in either the judicial district in which any defendant resides or in the judicial

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district in which a substantial part of the events or omissions giving rise to the claim occurred. 28

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U.S.C. § 1391(b). Neither plaintiff nor defendant resides in this district, and the relevant events

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did not occur in this district. All parties reside in Orange County, and the relevant events took

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place there. Orange County is located in the Central District of California. See 28 U.S.C. §

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84(c)(3). Venue therefore properly lies in the Central District. See id. § 1391(b).

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Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C.

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§ 1406(a), this action be TRANSFERRED to the United States District Court for the Central

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District of California.

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IT IS SO ORDERED.

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Dated: 9/19/2022

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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