Opinion
24-cv-01789 NC (PR)
03-27-2024
QUINTON WATTS, Plaintiff, v. COUNTY OF COLUSA, Defendant.
ORDER OF TRANSFER
NATHANAEL M. COUSINS, UNITED STATES MAGISTRATE JUDGE
Plaintiff, a former prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983, against the County of Colusa. Dkt. No. 1. The complaint seeks damages for the violation of Plaintiff's rights during criminal proceedings in the County of Colusa. Id. at 3-5. Because the acts complained of occurred in Colusa County, which lies within the venue of the Eastern District of California, see 28 U.S.C. § 84(b), venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). The same is true if Plaintiff were to file a habeas petition challenging that state conviction: the traditional venue is in the district of conviction or sentencing, which is also Colusa County. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F.Supp. 767, 768 (N.D. Cal. 1993); Laue v.Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968).
Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a).
The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California.
IT IS SO ORDERED.