Watts v. County of Colusa

United States District Court for the Northern District of California

Watts v. County of Colusa

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10

11 QUINTON WATTS, Case No. 24-cv-01789 NC (PR)

12 Plaintiff, ORDER OF TRANSFER 13 v.

14 COUNTY OF COLUSA, 15 Defendant. 16

17 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 20 violation of Plaintiff’s rights during criminal proceedings in the County of Colusa.

Id.

at 21 3-5. Because the acts complained of occurred in Colusa County, which lies within the 22 venue of the Eastern District of California, see

28 U.S.C. § 84

(b), venue properly lies in 23 that district and not in this one. See

28 U.S.C. § 1391

(b). The same is true if Plaintiff 24 were to file a habeas petition challenging that state conviction: the traditional venue is in 25 the district of conviction or sentencing, which is also Colusa County. See Habeas L.R. 26 2254-3(b)(1); Dannenberg v. Ingle,

831 F. Supp. 767, 768

(N.D. Cal. 1993); Laue v. 1 Nelson,

279 F. Supp. 265, 266

(N.D. Cal. 1968). 2 Accordingly, this case is TRANSFERRED to the United States District Court for 3 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 5 Eastern District of California. 6 IT IS SO ORDERED. 7 DATED: March 27, 2024 NATHANAEL M. COUSINS 8 United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Order of Transfer PRO-SE\NC\CR 2024\01789Watts_transfer(ED) 26

Reference

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