Smith v. District Attorney, Merced County et al

Northern District of California, cand-4:2015-cv-01768

ORDER TRANSFERRING CASE. Case transferred to the Eastern District of California. Signed by Magistrate Judge Kandis A. Westmore on 5/14/15.

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 RICKEY TRENT SMITH, 10 Case No. 15-cv-01768-KAW (PR) Plaintiff, 11 v. 12 ORDER OF TRANSFER Northern District of California United States District Court DISTRICT ATTORNEY, MERCED 13 COUNTY, et al., 14 Defendants. 15 Plaintiff Rickey Trent Smith, a state prisoner incarcerated at the California Institute for 16 Men, has filed a civil rights action under 42 U.S.C. § 1983 asserting constitutional violations 17 against the Merced County District Attorney's Office, the Merced County Superior Court and the 18 Merced County Probation Department. 19 When jurisdiction is not founded solely on diversity, venue is proper in the district in 20 which (1) any defendant resides, if all of the defendants reside in the same State, (2) the district in 21 which a substantial part of the events or omissions giving rise to the claim occurred, or a 22 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 23 which any defendant may be found, if there is no district in which the action may otherwise be 24 brought. See 28 U.S.C. § 1391(b). 25 The acts alleged in this complaint occurred in Merced County and all Defendants reside in 26 Merced County. Merced County is located in the Eastern District of California. Venue, therefore, 27 properly lies in the Eastern District of California and not in this one. See 28 U.S.C. § 1391(b). 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 Eastern District of California. The 2 Clerk of the Court shall terminate all motions and transfer the case forthwith. 3 4 IT IS SO ORDERED. 5 Dated: May 14, 2015 ______________________________________ KANDIS A. WESTMORE 6 UNITED STATES MAGISTRATE JUDGE 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