McClain v. Scottini

Filing 4

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Virginia K. DeMarchi on 9/15/2022. (vkdlc1, COURT STAFF) (Filed on 9/15/2022)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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 JASON MCCLAIN, 8 Plaintiff, 9 ORDER OF TRANSFER v. 10 Re: Dkt. No. 2 D. SCOTTINI, 11 United States District Court Northern District of California Case No. 22-cv-05238-VKD Defendant. 12 13 Plaintiff Jason McClain, a state inmate proceeding pro se, filed a civil rights complaint 14 15 under 42 U.S.C. § 1983 against Correctional Officer D. Scottini at California State Prison – 16 Sacramento, where Mr. McClain was previously incarcerated.1 Dkt. No. 1 at 2. Mr. McClain 17 claims Officer Scottini sexually abused him on June 2, 2022. Id. at 3. Because the acts 18 complained of occurred in Sacramento County, which lies within the venue of the Eastern District 19 of California, see 28 U.S.C. § 84(b), and because defendant likely resides in that district as well, 20 venue properly lies in the Eastern District of California and not in this district. See 28 U.S.C. 21 § 1391(b). This Court has discretion to either dismiss the case for incorrect venue or transfer it to 22 the proper federal court “in the interest of justice.” See 28 U.S.C. § 1406(a). The Court concludes 23 that the interest of justice is best served by transfer, and accordingly orders the case 24 TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk of the Court shall terminate all pending motions and transfer the entire file to the 25 26 Eastern District of California. 27 28 1 Mr. McClain is currently housed at C.S.P. – Los Angeles County. Dkt. No. 1 at 1. 1 2 3 /// IT IS SO ORDERED. Dated: September 15, 2022 4 5 VIRGINIA K. DEMARCHI United States Magistrate Judge 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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