Dukes v. Hedrick, et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2010 ORDERING that this action is TRANSFERRED to the USDC for the Northern District of California. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. B. HEDRICK, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. Although filed on a form for a petition for writ of habeas corpus, plaintiff alleges his civil rights have been violated as a result of his conditions of confinement at Salinas Valley State Prison. A civil action, other than one based on diversity jurisdiction, must be brought in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MELVIN DUKES, Plaintiff, No. CIV S-10-1393 EFB P ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Here, most defendants are located in and the claims arose in Monterey County, California, which is in the Northen District of California. 28 U.S.C. 84(a). Therefore, in the interest of justice, this action is transferred to the United States District Court for the Northern District of California. See 28 U.S.C. 1404(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). So ordered. Dated: June 21, 2010. 2

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