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)

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FILED 1 Sep 19 2022 Mark B. Busby CLERK, U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DERRICK KENYATTA STOKES, Plaintiff, 8 ORDER OF TRANSFER v. 9 10 DON BARNES, Defendant. 11 United States District Court Northern District of California Case No. 22-cv-04521-TSH 12 Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is 13 14 incarcerated in Theo Lacy Facility in Orange, California, and brings suit against Orange County 15 Sheriff Don Barnes regarding the conditions of confinement at Theo Lacy Facility. See generally 16 Dkt. No. 1. Section 1391(b) of the United States Code, title 28, provides that venue for a civil 17 action is proper in either the judicial district in which any defendant resides or in the judicial 18 district in which a substantial part of the events or omissions giving rise to the claim occurred. 28 19 U.S.C. § 1391(b). Neither plaintiff nor defendant resides in this district, and the relevant events 20 did not occur in this district. All parties reside in Orange County, and the relevant events took 21 place there. Orange County is located in the Central District of California. See 28 U.S.C. § 22 84(c)(3). Venue therefore properly lies in the Central District. See id. § 1391(b). 23 // 24 // 25 // 26 // 27 // 28 // 1 Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C. 2 § 1406(a), this action be TRANSFERRED to the United States District Court for the Central 3 District of California. 4 IT IS SO ORDERED. 5 6 Dated: 9/19/2022 7 THOMAS S. HIXSON United States Magistrate Judge 8 9 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

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