(PC) Watts v. County of Colusa

8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 QUINTON WATTS, Case No. 24-cv-01789 NC (PR) 12 Plaintiff, ORDER OF TRANSFER 13 v.

14 COUNTY OF COLUSA, Defendant.

18 Plaintiff, a former prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 19 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).

2 Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a).

4 The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California.

6 IT IS SO ORDERED.

7 DATED: March 27, 2024 NATHANAEL M. COUSINS 8 United States Magistrate Judge Order of Transfer PRO-SE\NC\CR 2024\01789Watts_transfer(ED)