Murphy-Richardson

Murphy-Richardson v. United States

Good Law
United States District Court, Northern District of CaliforniaDecember 17, 20215:21-cv-09507California400 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ISMAEL A. MURPHY-RICHARDSON, Case No. 21-cv-09507-SVK

Plaintiff,

ORDER OF TRANSFER

v.

UNITED STATES, et al., Defendants.

Plaintiff is an Arizona state prisoner located in Phoenix, Arizona. The vast majority of Defendants are located in Arizona. Plaintiff’s claims are based on events occurring during the course of his criminal prosecution in Arizona state court. Venue may be raised by a federal court sua sponte where a defendant has not yet filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). Venue generally is proper in a judicial district in which: (1) any defendant resides, if all defendants are residents of the state in which the district is located; (2) 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) any defendant is subject to the court’s personal jurisdiction, if there is…

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