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(PC) Ortiz v. California Department of Corrections & Rehabilitation - Document No. 3

(PC) Ortiz v. California Department of Corrections & Rehabilitation - Document No. 3

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Published by Justia.com
ORDER, CASE TRANSFERRED to District of CA/Northern. signed by Judge Dennis L. Beck on 09/28/2007. CASE CLOSED.(Esteves, C) 1:2007cv01389 California Eastern District Court
ORDER, CASE TRANSFERRED to District of CA/Northern. signed by Judge Dennis L. Beck on 09/28/2007. CASE CLOSED.(Esteves, C) 1:2007cv01389 California Eastern District Court

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Published by: Justia.com on Apr 30, 2008
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1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JIMMY FLOYD ORTIZ,
1:07-cv-01389-OWW-NEW(DLB)-(PC)
Plaintiff,
vs.
ORDER TRANSFERRING CASE

CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION,

Defendant.
/
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

U.S.C. \u00a7 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. \u00a7 1915.
The federal venue statute requires that a civil action, other than one based on diversity
jurisdiction, be brought only in \u201c(1) a judicial district where any defendant resides, if all defendants
reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of the 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.\u201d 28 U.S.C. \u00a7 1391(b).

In this case, there is no evidence that any defendant resides in this district. The claim arose in
San Francisco County, which is in the Northern District of California. Therefore, plaintiff\u2019s claim
should have been filed in the United States District Court for the Northern District of California. In

Case 1:07-cv-01389-OWW-NEW Document 3
Filed 09/28/2007 Page 1 of 2
(PC) Ortiz v. California Department of Corrections & Rehabilitation
Doc. 3
Dockets.Justia.com

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