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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 ALONSO DEARAUJO, Plaintiff, 10 United States District Court Northern District of California 11 Case No. 17-cv-06266-KAW (PR) ORDER OF TRANSFER v. 12 JAMES JACKSON, et al., 13 Defendants. 14 15 Plaintiff Alonso Dearaujo, a state prisoner incarcerated at the Mule Creek State Prison 16 (“MCSP”) in Ione, California, has filed a civil rights action under 42 U.S.C. § 1983 asserting 17 inadequate medical care from medical personnel at MCSP. 18 When jurisdiction is not founded solely on diversity, venue is proper in the district in 19 which (1) any defendant resides, if all of the defendants reside in the same State, (2) the district in 20 which a substantial part of the events or omissions giving rise to the claim occurred, or a 21 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 22 which any defendant may be found, if there is no district in which the action may otherwise be 23 brought. See 28 U.S.C. § 1391(b). 24 The conduct regarding Plaintiff’s medical treatment alleged in his complaint occurred at 25 MCSP, which is located in the Eastern District of California. Venue, therefore, properly lies in the 26 Eastern District and not in this one. See 28 U.S.C. § 1391(b). 27 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 28 TRANSFERRED to the United States District Court for the Eastern District of California. The 1 Clerk of the Court shall terminate all motions and transfer the case forthwith. 2 3 4 IT IS SO ORDERED. Dated: November 13, 2017 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 5 6 7 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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