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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
JIM FERGUSON,
Plaintiff,
vs.
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al,
Defendants.
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No. C 06-3262 JSW (PR)
ORDER OF TRANSFER
(Docket No. 2)
Plaintiff is a state prisoner currently incarcerated at California Men’s Colony,
located in San Luis Obispo, California. He filed this civil rights action in the United
States District Court for the Northern District of California on May 17, 2006,
complaining of violations of his civil rights while incarcerated at California Correctional
Center, located in Susanville, California, within the venue of the United States District
Court for the Eastern District of California. Plaintiff has also filed a motion seeking to
proceed in forma pauperis (docket no. 2).
When jurisdiction is not founded solely on diversity, venue is proper in the
district in which (1) any defendant resides, if all of the defendants reside in the same
state, (2) the district in which a substantial part of the events or omissions giving rise to
the claim occurred, or a substantial part of property that is the subject of the action is
situated, or (3) a judicial district in which any defendant may be found, if there is no
district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). Where a
case is filed in the wrong venue, the district court has the discretion either to dismiss the
case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. §
Case 3:06-cv-03262-JSW Document 4 Filed 05/25/2006 Page 1 of 2
Ferguson v. California Department of Corrections et al
Doc. 4
Dockets.Justia.com
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1406(a). Venue may be raised by the court sua sponte where the defendant has not yet
filed a responsive pleading and the time for doing so has