Quine v. De La Cruz

Filing 4

ORDER OF TRANSFER. Signed by Judge Susan van Keulen on 7/8/2024. (svklc1, COURT STAFF) (Filed on 7/8/2024)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 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SHILOH HEAVENLY QUINE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 24-cv-03682-SVK ORDER OF TRANSFER v. ANISSA DE LA CRUZ, Defendant. Plaintiff is a California prisoner at the Central California Women’s Facility (“CCWF”) in 13 Chowchilla, California. She complains about the conditions of her confinement at CCWF. 14 Defendants are officials at CCWF and at the California Department of Corrections and 15 Rehabilitation (“CDCR”) in Sacramento, California. 16 Venue may be raised by a federal court sua sponte where, as here, a defendant has not yet 17 filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 18 1486, 1488 (9th Cir. 1986). Venue generally is proper in a judicial district in which: (1) any 19 defendant resides, if all defendants are residents of the state in which the district is located; (2) a 20 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of 21 property that is the subject of the action is situated; or (3) any defendant is subject to the court’s 22 personal jurisdiction, if there is no district in which the action may otherwise be brought. 23 28 U.S.C. § 1391(b). 24 This judicial district is not the proper venue for this case because none of the Defendants 25 are located in this district, and the events giving rise to Plaintiff’s claims did not occur here. 26 Chowchilla (in Madera County) and Sacramento are within the venue of the Eastern District of 27 California. 28 U.S.C. § 84(b). Where a case is filed in the wrong venue, the district court has the 28 discretion either to dismiss the case or transfer it to the proper federal court "in the interest of 1 justice." 28 U.S.C. § 1406(a). The proper venue for this case is the United States Court for the 2 Eastern District of California because that is where Defendants are located and the events giving 3 rise to Plaintiff’s claims took place. See 28 U.S.C. § 1391(b)(2). In the interests of justice, this 4 case is TRANSFERRED to the United States District Court for the Eastern District of California 5 pursuant to 28 U.S.C. § 1406(a). 6 The Clerk shall transfer this matter forthwith. 7 SO ORDERED. 8 Dated: July 8, 2024 9 10 Susan van Keulen United States Magistrate Judge 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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