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Nieto v. Allison

United States District Court, Eastern District of California
Nov 2, 2022
2:22-cv-01691-EFB (PC) (E.D. Cal. Nov. 2, 2022)

Opinion

2:22-cv-01691-EFB (PC)

11-02-2022

MICHAEL NIETO, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.


ORDER

EDMUND F. BRENNAN, UNITED STATES MAGISTRATE JUDGE

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff's allegations stem from events that occurred at the Correctional Training Facility, located in the County of Monterey.

The federal venue statute provides that a civil action “may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located, (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 property that is the subject of the action is situated, or (3) if there is no district in which an action may otherwise be brought as provided in this action, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

In this case, the claims arose in Monterey County. Although venue could technically be proper in this district given plaintiff's inclusion of the Secretary of the California Department of Corrections and Rehabilitation (headquartered in Sacramento County) as one of the twenty-six defendants, the court finds that the interests of justice will be better served by transferring this case to the Northern District of California. See 28 U.S.C. § 1391(b); 28 U.S.C. § 84(a).

Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Northern District of California. See 28 U.S.C. § 1404(a).


Summaries of

Nieto v. Allison

United States District Court, Eastern District of California
Nov 2, 2022
2:22-cv-01691-EFB (PC) (E.D. Cal. Nov. 2, 2022)
Case details for

Nieto v. Allison

Case Details

Full title:MICHAEL NIETO, Plaintiff, v. KATHLEEN ALLISON, et al., Defendants.

Court:United States District Court, Eastern District of California

Date published: Nov 2, 2022

Citations

2:22-cv-01691-EFB (PC) (E.D. Cal. Nov. 2, 2022)