Duffy v. Alameda County District Attorney's Office et al

Filing 6

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED TO SAN FRANCISCO/OAKLAND DIVISION. Duffy must file a consent to transfer his case, or explain in writing why his case should not be transferred by 10/26/2016. Signed by Judge Nathanael Cousins on 10/11/2016. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 10/11/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 NATHANIEL DALE DUFFY, Plaintiff, 12 13 14 15 v. ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE, and others, Case No. 16-cv-05601 NC ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED TO SAN FRANCISCO/OAKLAND DIVISION Re: Dkt. No. 1 Defendants. 16 17 18 Pro se plaintiff Nathaniel Dale Duffy’s complaint asserts violation of his 19 constitutional rights by the Alameda County District Attorney’s Office, the Alameda 20 County District Attorney, and an Alameda County Assistant District Attorney. According 21 to his complaint, all events took place or are taking place in Alameda County. Dkt. No. 1. 22 Under Northern District of California Civil Local Rule 3-2(c), the Clerk should 23 assign a civil action to the Courthouse serving the county in which the action arises. A 24 civil action arises in the county “in which a substantial part of the events or omissions 25 which give rise to the claim occurred or in which a substantial part of the property that is 26 the subject of the action is situated.” Civil L.R. 3-2(c). Civil actions that arise in Alameda 27 County should be assigned to a courthouse in the San Francisco/Oakland Division. Civil 28 L.R. 3-2(d). Case No. 16-cv-05601 NC 1 2 3 Duffy’s case should have been assigned to the San Francisco/Oakland Division because the action “arises in” Alameda County. Accordingly, by October 26, 2016, Duffy either must file a consent to transfer his 4 case to the San Francisco/Oakland Division, or explain in writing why his case should not 5 be transferred. 6 Finally, the Court informs Duffy that the Federal Pro Se Program at the San Jose 7 Courthouse provides free information and limited-scope legal advice to pro se litigants in 8 federal civil cases. The Federal Pro Se Program is available by appointment and on a 9 drop-in basis. The Federal Pro Se Program is available at Room 2070 in the San Jose United States Courthouse (Monday to Thursday 1:00 – 4:00 p.m., on Friday by 11 United States District Court Northern District of California 10 appointment only), and The Law Foundation of Silicon Valley, 152 N. 3rd Street, 3rd 12 Floor, San Jose, CA (Monday to Thursday 9:00 a.m. – 12:00 p.m., on Friday by 13 appointment only), or by calling 408.297.1480. Similarly, in the San Francisco/Oakland 14 Division, the Legal Help Center provides free information and limited-scope advice. The 15 Legal Help Center phone number is 415.782.8982. 16 IT IS SO ORDERED. 17 18 Dated: October 11, 2016 19 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 20 21 22 23 24 25 26 27 28 Case No. 16-cv-05061 NC 2

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