Cantu v. Garcia et al

Filing 3

ORDER OF TRANSFER to the USDC for the Eastern District of California. The clerk shall transfer this matter. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 1/26/2009) (Additional attachment(s) added on 1/28/2009: # 1 cs) (ys, COURT STAFF). [Transferred from cand on 1/28/2009.]

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOSHUA J. CANTU, Plaintiff, v. OFFICER M. GARCIA; et al., Defendants. /

No. C 09-191 SI (pr) ORDER OF TRANSFER

Joshua J. Cantu filed this civil rights action under 42 U.S.C. § 1983, complaining of acts and omissions that occurred at the Kern Valley State Prison in Delano, California as he was transferred to that prison from Calipatria State Prison. Delano is in Kern County, within the venue of the Eastern District of California. The defendants apparently are employees of the Kern Valley State Prison and apparently reside in the Eastern District of California. Venue therefore properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter. IT IS SO ORDERED. Dated: January 26, 2009 ______________________ SUSAN ILLSTON United States District Judge