Lott v. Parole Board Members, et al.

Northern District of California, cand-4:2014-cv-04841

ORDER TRANSFERRING CASE. Case transferred to the Southern District of California. Signed by Magistrate Judge Kandis A. Westmore on 11/26/14.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JAMES RANDALL LOTT, 7 Case No. 14-cv-04841-KAW Plaintiff, 8 v. ORDER OF TRANSFER 9 PAROLE BOARD MEMBERS, et al., 10 Defendants. 11 12 Northern District of California United States District Court 13 Plaintiff James Randall Lott, a state prisoner incarcerated at the Robert J. Donovan 14 Correctional Facility in San Diego ("RJD"), has filed a civil rights action under 42 U.S.C. § 1983 15 asserting constitutional violations by members of the Board of Parole Hearings ("BPH") for 16 postponing his parole hearing for six months. 17 When jurisdiction is not founded solely on diversity, venue is proper in the district in 18 which (1) any defendant resides, if all of the defendants reside in the same State, (2) the district in 19 which a substantial part of the events or omissions giving rise to the claim occurred, or a 20 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 21 which any defendant may be found, if there is no district in which the action may otherwise be 22 brought. See 28 U.S.C. § 1391(b). 23 The acts complained of in this complaint occurred either at RJD, which is located in the 24 Southern District of California, or at the BPH office in Sacramento, which is located in the Eastern 25 District of California. Venue, therefore, properly lies in the Southern or Eastern District and not in 26 this one. See 28 U.S.C. § 1391(b). It is more likely that the events at issue took place where 27 Plaintiff is incarcerated, in the Southern District of California. 28 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 1 TRANSFERRED to the United States District Court for the Southern District of California. The 2 Clerk of the Court shall terminate all motions and transfer the case forthwith. 3 IT IS SO ORDERED. 4 Dated: November 26, 2014 ______________________________________ KANDIS A. WESTMORE 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2