Sullivan v. Biter et.al.

Filing 16

ORDER OF TRANSFER. Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S. C. § 1406(a).The Clerk shall terminate any pending motions and transfer the entire file to theEastern District of California. Signed by Judge Edward J. Davila on 10/5/2012. (ecg, COURT STAFF) (Filed on 10/9/2012) [Transferred from cand on 10/10/2012.]

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 MICHAEL J. SULLIVAN, 10 Plaintiff, 11 vs. 12 13 M .D. BITER, et al., Defendants. 14 No. C 12-03360 EJD (PR) ) ) ) ) ) ) ) ) ) ) ) ORDER OF TRANSFER 15 16 Plaintiff, a California inmate proceeding pro se, initiated the instant civil rights 17 action by filing a letter complaining of prison conditions. Plaintiff later filed a complaint 18 against prison medical personnel at Kern Valley State Prison alleging inadequate medical 19 treatment. (Docket No. 9.) Because the acts complained of occurred in Kern County, 20 which lies within the venue of the Eastern District of California, venue properly lies in 21 that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is 22 TRANSFERRED to the United States District Court for the Eastern District of California. 23 See 28 U.S. C. § 1406(a). 24 25 The Clerk shall terminate any pending motions and transfer the entire file to the Eastern District of California. 26 27 DATED: 10/5/2012 EDWARD J. DAVILA United States District Judge 28 Order of Transfer 03360Sullivan_transfer.wpd 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL J. SULLIVAN, Case Number: CV12-03360 EJD Plaintiff, CERTIFICATE OF SERVICE v. M. D. BITER, et al., Defendants. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 10/9/2012 That on , I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Michael J. Sullivan V 60931 Kern Valley State Prison P. O. Box 5104 Delano, CA 93216 Dated: 10/9/2012 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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