Secretary

(PC) Smith v. Secretary

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20251:23-cv-00526California733 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, No. 1:23-cv-00526-KES-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING PLAINTIFF’S MOTION

v. FOR CHANGE OF VENUE AND MOTION

FOR SUMMARY JUDGMENT BE DENIED

SECRETARY, et al., (ECF No. 47) Defendants. 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for change of venue and motion for summary judgment, filed March 17, 2025. Plaintiff’s motions should be denied. Plaintiff states that he seeks a transfer of this action pursuant to 28 U.S.C. ¶ 1404. Under ¶ 1404(a), an action may be transferred, “for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district ... where it might have been brought.” The ultimate determination is subject to the discretion of the court and must be made on a…

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