Lambus v. Elwell et al

Filing 5

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 1/19/12. (lrc, COURT STAFF) (Filed on 1/23/2012)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 SIDNEY ELGERE LAMBUS, 4 5 6 Plaintiff, ORDER OF TRANSFER v. JUDGE DOUGLAS M. ELWELL, et al., 7 Defendants. 8 9 No. C 11-06249 SBA (PR) / Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. He alleges that the District Attorney, Public Defender and Court Financial Officer of San Bernadino 11 For the Northern District of California United States District Court 10 County, as well as certain judges of the San Bernadino County Superior Court violated his 12 constitutional rights during the course of his prosecution in that court. 13 When jurisdiction is not founded solely on diversity, venue is proper in the district in which 14 (1) any defendant resides, if all of the defendants reside in the same State, (2) the district in which a 15 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of 16 property that is the subject of the action is situated, or (3) a judicial district in which any defendant 17 may be found, if there is no district in which the action may otherwise be brought. See 28 U.S.C. 18 § 1391(b). 19 The acts complained of occurred in San Bernadino County, which is located in the Eastern 20 Division of the Central District of California, and it appears that Defendants reside in that district. 21 Venue, therefore, properly lies in that district and not in this one. See id. 22 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 23 TRANSFERRED to the Eastern Division of the United States District Court for the Central District 24 of California. The Clerk of the Court shall transfer the case forthwith. All remaining motions are 25 TERMINATED on this Court's docket as no longer pending in this district. 26 27 IT IS SO ORDERED. DATED: 1/19/12 SAUNDRA BROWN ARMSTRONG United States District Judge 28 G:\PRO-SE\SBA\HC.11\Lambus6249.Transfer.wpd 1 2 3 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SIDNEY ELGERE LAMBUS, Case Number: CV11-06249 SBA 5 6 7 8 Plaintiff, CERTIFICATE OF SERVICE v. DOUGLAS M. ELWELL et al, Defendant. / 9 11 For the Northern District of California United States District Court 10 12 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 23, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 14 15 16 Sidney E. Lambus 1425 N. Cedar St. San Bernadino, CA 92404 17 Dated: January 23, 2012 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.11\Lambus6249.Transfer.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?