Fayed v. Allison et al

Filing 4

ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on November 18, 2021. (mll, COURT STAFF) (Filed on 11/18/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 4:21-cv-08912-JST Document 4 Filed 11/18/21 Page 1 of 2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
JAMES MICHAEL FAYED,

7

Plaintiff,

8

ORDER OF TRANSFER

v.

9

KATHLEEN ALLISON, et al.,

10

Defendants.

11

United States District Court
Northern District of California

Case No. 21-cv-08912-JST

12
13

Plaintiff, an inmate housed at San Quentin State Prison, filed this pro se civil rights action

14

pursuant to 42 U.S.C. § 1983. Plaintiff has named as defendants California Department of

15

Corrections and Rehabilitation (“CDCR”) Secretary Kathleen Allison and the County of Los

16

Angeles. He alleges that he is illegally incarcerated and falsely imprisoned due to the combined

17

and deliberate efforts of federal and state authorities who unconstitutionally refused to allow

18

Plaintiff to post bail. He seeks monetary damages. ECF No. 1. Section 1391(b) of the United

19

States Code, title 28, provides that venue for a civil action is proper in either the judicial district in

20

which any defendant resides or in the judicial district in which a substantial part of the events or

21

omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). Neither defendant resides in

22

this district, and the relevant events do not appear to have occurred in this district. Plaintiff has

23

identified defendant Allison’s location as Sacramento, California, which lies within the venue of

24

the Eastern District of California. See 28 U.S.C. § 84(b). Venue therefore properly lies in the

25

Eastern District. See id. § 1391(b).

26

//

27

//

28

//

Case 4:21-cv-08912-JST Document 4 Filed 11/18/21 Page 2 of 2

1

Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C.

2

§ 1406(a), this action be TRANSFERRED to the United States District Court for the Eastern

3

District of California.

4
5
6
7

IT IS SO ORDERED.
Dated: November 18, 2021
______________________________________
JON S. TIGAR
United States District Judge

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