Cannon v. Cate et al
Filing
16
ORDER signed by Magistrate Judge Craig M. Kellison on 6/22/11 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
TYRRALL FARROW CANNON,
12
13
No. CIV S-11-0243-KJM-CMK-P
Plaintiff,
vs.
ORDER
14
MATTHEW CATE, et al.,
15
Defendants.
16
/
17
Plaintiff, a prisoner proceeding pro se, brings this apparent civil rights action
18
pursuant to 42 U.S.C. § 1983.1 For cases such as this, which are based on federal question
19
jurisdiction, the federal venue statute requires that the action be brought only in “(1) a judicial
20
district where any defendant resides, if all defendants reside in the same State, (2) a judicial
21
district in which a substantial part of the events or omissions giving rise to the claim occurred, or
22
a substantial part of property that is the subject of the action is situated, or (3) a judicial district in
23
1
24
25
26
The action proceeds on plaintiff’s amended complaint (Doc. 11) filed on March 3,
2011. The amended complaint was filed in response to the court’s February 3, 2011, order
directing plaintiff to clarify the nature of this action which, based on plaintiff’s initial pleading
appeared to challenge the duration of his confinement rather than the conditions of his
confinement. From all appearances, the amended complaint relates to the conditions of
plaintiff’s confinement.
1
1
which any defendant may be found, if there is no district in which the action may otherwise be
2
brought.” 28 U.S.C. § 1391(b). Here, the claims appear to have arose in San Luis Obispo
3
County, which is within the boundaries of the United States District Court for the Central District
4
of California. Therefore, the court finds that this action most appropriately proceeds in that
5
district. In the interest of justice, the court will transfer this case. See 28 U.S.C. § 1406(a).
6
7
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Central District of California.
8
9
10
11
DATED: June 22, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
