Dearaujo v. Jackson et al

Filing 5

ORDER TRANSFERRING CASE. Case transferred to the Eastern District of California. Signed by Magistrate Judge Kandis A. Westmore on 11/13/17. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 11/13/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALONSO DEARAUJO,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-06266-KAW (PR)
ORDER OF TRANSFER

v.

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JAMES JACKSON, et al.,

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Defendants.

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Plaintiff Alonso Dearaujo, a state prisoner incarcerated at the Mule Creek State Prison

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(“MCSP”) in Ione, California, has filed a civil rights action under 42 U.S.C. § 1983 asserting

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inadequate medical care from medical personnel at MCSP.

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

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

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

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substantial part of property that is the subject of the action is situated, or (3) a judicial district in

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which any defendant may be found, if there is no district in which the action may otherwise be

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brought. See 28 U.S.C. § 1391(b).

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The conduct regarding Plaintiff’s medical treatment alleged in his complaint occurred at

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MCSP, which is located in the Eastern District of California. Venue, therefore, properly lies in the

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Eastern District and not in this one. See 28 U.S.C. § 1391(b).

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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 United States District Court for the Eastern District of California. The

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Clerk of the Court shall terminate all motions and transfer the case forthwith.

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IT IS SO ORDERED.
Dated: November 13, 2017
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KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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