IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 6, 2009
JUAN J. CORTEZ, PLAINTIFF,
MILTON GONZALEZ, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983.
A civil action, other than one based on diversity jurisdiction, must be brought in "(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 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).
Here, defendants are located in Santa Clara County, California, where the claim arose. Santa Clara County is in the Northern District of California. 28 U.S.C. § 84(a). Therefore, in the interest of justice, this action is transferred to the United States District Court for the Northern District of California. See 28 U.S.C. § 1404(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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