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)

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