Benitez v. United States of America

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/3/2013 ORDERING that this case is TRANSFERRED to the USDC for the District of Hawaii. CASE CLOSED. (Yin, K) [Transferred from California Eastern on 12/4/2013.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ILDELFONSO BENITEZ,

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Plaintiff,

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v.

No. 2:13-cv-2428-EFB P

ORDER

UNITED STATES OF AMERICA,

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Defendant.

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Plaintiff is a federal prisoner proceeding without counsel in an action brought under 28

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U.S.C. § 1346(b). He has filed an application to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915. ECF No. 2.
Plaintiff claims that venue is proper in this district because it is where his “medical

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conditions originated.” ECF No. 1 at 2. Plaintiff is mistaken. Any civil action on a tort claim

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against the United States under 28 U.S.C. § 1346(b) may be prosecuted only in the judicial

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district where the plaintiff resides or where the act or omission complained of occurred. 28

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U.S.C. § 1402(b). Here, plaintiff resides at the Oakdale Federal Detention Center, in Louisiana.

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The act or omissions complained of occurred in Honolulu, Hawaii. See ECF No. 1 at 3-5

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(alleging that staff at the Honolulu Federal Detention Center caused plaintiff harm). Thus, venue

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appears to be proper in both Louisiana and Hawaii, but not in California.

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The court finds that the convenience of the parties and witnesses and the interests of

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justice would be better served by transferring this action to the United States District Court for the

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District of Hawaii, where the acts or omissions allegedly occurred and where the majority of the

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evidence and witnesses are most likely located.

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Accordingly, IT IS HEREBY ORDERED that this case is transferred to the United States

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District Court for the District of Hawaii. See 28 U.S.C. §§ 91, 1404(a).

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Dated: December 3, 2013.

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