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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SIDNEY ELGERE LAMBUS,

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Plaintiff,

ORDER OF TRANSFER

v.
JUDGE DOUGLAS M. ELWELL, et al.,

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Defendants.

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No. C 11-06249 SBA (PR)

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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

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For the Northern District of California

United States District Court

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County, as well as certain judges of the San Bernadino County Superior Court violated his

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constitutional rights during the course of his prosecution in that court.

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When jurisdiction is not founded solely on diversity, venue is proper in the district in which

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(1) any defendant resides, if all of the defendants reside in the same State, (2) the district in which a

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substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of

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property that is the subject of the action is situated, or (3) a judicial district in which any defendant

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may be found, if there is no district in which the action may otherwise be brought. See 28 U.S.C.

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§ 1391(b).

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The acts complained of occurred in San Bernadino County, which is located in the Eastern

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Division of the Central District of California, and it appears that Defendants reside in that district.

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Venue, therefore, properly lies in that district and not in this one. See id.

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is

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TRANSFERRED to the Eastern Division of the United States District Court for the Central District

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of California. The Clerk of the Court shall transfer the case forthwith. All remaining motions are

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TERMINATED on this Court's docket as no longer pending in this district.

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IT IS SO ORDERED.
DATED: 1/19/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\HC.11\Lambus6249.Transfer.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
SIDNEY ELGERE LAMBUS,
Case Number: CV11-06249 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
DOUGLAS M. ELWELL et al,
Defendant.

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For the Northern District of California

United States District Court

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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.

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Sidney E. Lambus
1425 N. Cedar St.
San Bernadino, CA 92404

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Dated: January 23, 2012
Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\HC.11\Lambus6249.Transfer.wpd

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