Streeter v. CDC, Vacaville

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 8/3/10. (dlm, COURT STAFF) (Filed on 8/11/2010)

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NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA EDDIE J. STREETER, JR., Plaintiff, vs. CDC, VACAVILLE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 10-01356 JF (PR) ORDER OF TRANSFER

(Docket No. 2)

Plaintiff, a state prisoner proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. § 1983, concerning the conditions of his confinement at Vacaville State Prison ("VSP") in Solano County, Corcoran State Prison ("COR") in Kings County, California Men's Colony ("CMC") in San Luis Obispo County, Centinela State Prison ("CEN") in Imperial County, California State Prison of Los Angeles County in the city of Lancaster ("LAC"), and Kern Valley State Prison ("KVSP") in Kern County. VSP, COR, and KVSP are located in the Counties of Solano, Kings and Kern, respectively, all of which lie within the venue of the Eastern District of California. 28 U.S.C. § 84(b). CMC and LAC are located in the Counties of San Luis Obispo and Los Angeles, respectively, both of which lie within the venue of the Western Division of the Central District of California. Id. § 84(c)(2). Lastly, CEN is located in Imperial County which lies within the venue of the Southern District of California. Id. § 84(d). Because the acts
Order of Transfer P:\PRO-SE\SJ.JF\CR.10\Streeter01356_transfer.wpd

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complained of occurred in various Counties which all lie outside of this district, venue in this Court is not proper. See 28 U.S.C. § 1391(b). When jurisdiction is not founded solely on diversity, venue is proper in the district in which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). As a substantial part of the events or omissions giving rise to the claim occurred in the Eastern District, venue properly lies in that district. See 28 U.S.C. § 1391(b). Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S. C. § 1406(a). The Clerk shall terminate any pending motions and transfer the entire file to the Eastern District of California. IT IS SO ORDERED. DATED: 8/3/10 JEREMY FOGEL United States District Judge

Order of Transfer P:\PRO-SE\SJ.JF\CR.10\Streeter01356_transfer.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

EDDIE J STREETER, JR., Plaintiff, v. CDC, et al., Defendants. /

Case Number: CV10-01356 JF CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. , I SERVED a true and correct copy(ies) of the That on 8/11/10 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.

Eddie J. Streeter V-17183 North Kern State Prison P.O. Box 5104 D3-120L Delano, CA 93215-5104 Dated: 8/11/10 Richard W. Wieking, Clerk