Turner v. Kelly et al
Filing
3
ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 11/2/11. (jjoS, COURT STAFF) (Filed on 11/2/2011) [Transferred from cand on 11/3/2011.]
<![CDATA[
1
2
3
4
IN THE UNITED STATES DISTRICT COURT
5
FOR THE NORTHERN DISTRICT OF CALIFORNIA
6
7
EDWARD L. TURNER,
8
9
10
11
12
)
)
)
Plaintiff,
)
)
v.
)
)
C.O. KELLY, et al.,
)
)
Defendants.
__________________________________ )
No. C 11-5086 JSW (PR)
ORDER OF TRANSFER
13
Plaintiff, a California prisoner incarcerated at Pleasant Valley State Prison
14
(“PVSP”), has filed this pro se civil rights complaint under 42 U.S.C. § 1983 against
15
officials of Solano State Prison based upon events occurring there.
16
When, as here, jurisdiction is not founded solely on diversity, venue is proper in
17
the district in which (1) any defendant resides, if all of the defendants reside in the same
18
state, (2) the district in which a substantial part of the events or omissions giving rise to
19
the claim occurred, or a substantial part of property that is the subject of the action is
20
situated, or (3) a judicial district in which any defendant may be found, if there is no
21
district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). Where a
22
case is filed in the wrong venue, the district court has the discretion either to dismiss the
23
case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. §
24
1406(a). Venue may be raised by the court sua sponte where the defendant has not yet
25
filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790
26
F.2d 1486, 1488 (9th Cir. 1986).
27
Plaintiff’s claims arise out of events occurring at Solano State Prison, in
28
1
Vacaville, California, where Defendants are located. Vacaville lies within the venue of
2
the United States District Court for the Eastern District of California.
3
Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C.
4
§ 1406(a), that this action be TRANSFERRED to the United States District Court for the
5
Eastern District of California.
6
The Clerk of the Court shall transfer this matter forthwith.
7
IT IS SO ORDERED.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DATED:November 2, 2011
JEFFREY S. WHITE
United States District Judge
1
UNITED STATES DISTRICT COURT
2
FOR THE
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
EDWARD L. TURNER,
Case Number: CV11-05086 JSW
6
Plaintiff,
CERTIFICATE OF SERVICE
7
v.
8
KELLY et al,
9
Defendant.
10
11
12
13
14
/
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 November 2, 2011, 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.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Edward L. Turner
V25872
P.O. Box 8500
Coalinga, CA 93210
Dated: November 2, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
]]>
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?
