Padilla v. U.S. Supreme Court of the United States of America et al

Western District of Texas, txwd-5:2018-cv-01122

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 10/23/18. [Transferred from California Northern on 10/25/2018.]

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ISMAEL HERNANDEZ PADILLA, Case No.18-cv-04509-JSW Plaintiff, 9 ORDER OF TRANSFER v. 10 11 U.S. SUPREME COURT OF THE UNITED STATES OF AMERICA, et al., 12 Defendants. Northern District of California United States District Court 13 Plaintiff, an inmate in Kenedy, Texas, filed a pro se complaint against the United States 14 Supreme Court and the United States Attorney General. He complains that his constitutional 15 rights are being violated because he is subject to the Prison Litigation Reform Act. 16 When, as here, jurisdiction is not founded solely on diversity, venue is proper in the district 17 in which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district 18 in which a substantial part of the events or omissions giving rise to the claim occurred, or a 19 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 20 which any defendant may be found, if there is no district in which the action may otherwise be 21 brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, the district court has the 22 discretion either to dismiss the case or transfer it to the proper federal court "in the interest of 23 justice." 28 U.S.C. § 1406(a). 24 None of the Defendants reside in this district, and the events or omissions giving rise to 25 Plaintiff's complaint appear to have taken place in Kenedy, Texas, where Plaintiff's prison is 26 located. Kenedy is in Karnes County, which lies within the venue of the Western District of 27 Texas. Under 28 U.S.C. § 1391(b)(2), venue is proper in the Western District of Texas. 28 1 Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. § 2 1406(a), that this action be TRANSFERRED to the United States District Court for the Western 3 District of Texas. 4 The Clerk of the Court shall transfer this matter forthwith. 5 IT IS SO ORDERED. 6 Dated: October 23, 2018 7 JEFFREY S. WHITE 8 United States District Judge 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