Free Order - District Court of California - California

Case 3:08-cv-00631-JSW

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Filed 05/06/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, currently incarcerated at Chuckawalla Valley State Prison ("CVSP") in Blythe, California, has filed this civil rights action challenging the actions of prison officials at that prison. Blythe is located in Riverside County, which lies within the venue of the United States District Court for the Central District of California. See 28 U.S.C. § 84. When jurisdiction is not founded solely on diversity, venue is proper in the district in which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, the district court has the discretion either to dismiss the case or transfer it to the proper federal court "in the interest of justice." 28 U.S.C. § 1406(a). Venue may be raised by the court sua sponte where the defendant has not yet filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). vs. V. McCARTHY, et al, Defendants.
F.C. MANING,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff,

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No. C 08-0631 JSW (PR) ORDER OF TRANSFER

(Docket No. 3)

Case 3:08-cv-00631-JSW

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Plaintiff's complaint is against CVSP officials for their alleged actions at CVSP. As CVSP is within the venue of the Central District of California, therefore, the Court will transfer this action to the United States District Court for the Central District of California. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States District Court for the Central District of California. In light of the transfer, the Court will not resolve Petitioner's pending application for leave to proceed in forma pauperis (docket no. 3). The Clerk of the Court shall transfer this matter forthwith. IT IS SO ORDERED. DATED: May 6, 2008 JEFFREY S. WHITE United States District Judge

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Case 3:08-cv-00631-JSW

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Filed 05/06/2008

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v. V. MCCARTHY, et al, Defendant. FLORENCIO MANING, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-00631 JSW CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 6, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

F. C. Maning V05847 Chuckawalla Valley State Prison P.O. Box 2349 Blythe, CA 92226 Dated: May 6, 2008 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk