Watts v. County of Colusa

Filing 4

ORDER OF TRANSFER to Eastern District of California. Signed by Judge Nathanael M. Cousins on 3/27/2024. (lmh, COURT STAFF) (Filed on 3/27/2024)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 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 QUINTON WATTS, 12 13 14 15 Plaintiff, v. Case No. 24-cv-01789 NC (PR) ORDER OF TRANSFER COUNTY OF COLUSA, Defendant. 16 17 18 Plaintiff, a former prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 19 1983, against the County of Colusa. Dkt. No. 1. The complaint seeks damages for the 20 violation of Plaintiff’s rights during criminal proceedings in the County of Colusa. Id. at 21 3-5. Because the acts complained of occurred in Colusa County, which lies within the 22 venue of the Eastern District of California, see 28 U.S.C. § 84(b), venue properly lies in 23 that district and not in this one. See 28 U.S.C. § 1391(b). The same is true if Plaintiff 24 were to file a habeas petition challenging that state conviction: the traditional venue is in 25 the district of conviction or sentencing, which is also Colusa County. See Habeas L.R. 26 2254-3(b)(1); Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. 27 28 1 2 3 4 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 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 all pending motions and transfer the entire file to the 5 Eastern District of California. 6 IT IS SO ORDERED. 7 DATED: March 27, 2024 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 Order of Transfer PRO-SE\NC\CR 2024\01789Watts_transfer(ED) NATHANAEL M. COUSINS United States Magistrate Judge

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