Perkins v. Porter et al

Filing 12

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 4/24/2017. (ahm, COURT STAFF) (Filed on 4/24/2017) [Transferred from cand on 4/26/2017.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL PERKINS,

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Plaintiff,

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Re: Dkt. Nos. 2, 7, 10
M. PORTER, et al.,

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Defendants.

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United States District Court
Northern District of California

ORDER OF TRANSFER

v.

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Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42

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Case No.17-cv-01148-JSC

U.S.C. § 1983.1 Plaintiff is located at the California City Correctional Facility (“CCCF”).
When, as here, jurisdiction is not founded on diversity, venue is proper in the district in

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which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in

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which a substantial part of the events or omissions giving rise to the claim occurred, or a

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substantial part of property that is the subject of the action is situated, or (3) a judicial district in

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which any defendant may be found, if there is no district in which the action may otherwise be

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brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, the district court has the

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discretion either to dismiss the case or transfer it to the proper federal court “in the interest of

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justice.” 28 U.S.C. § 1406(a).
Plaintiff complains about the conditions of his confinement at CCCF, and the Defendants

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are prison officials located at CCCF. (ECF Nos. 1, 3.) CCCF is located in Kern County, which

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lies within the venue of the United States District Court for the Eastern District of California. See

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28 U.S.C. § 84. Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this

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case is TRANSFERRED to the United States District Court for the Eastern District of California.

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Plaintiff has consented to the jurisdiction of a United States Magistrate Judge pursuant to 28
U.S.C. § 636(c). (Dkt. No. 9.)

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The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the

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Court defers to the Eastern District for ruling on the motions for leave to proceed in forma

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pauperis and for appointment of counsel.

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The Clerk shall terminate docket numbers 2, 7, and 10 from this Court's docket.

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IT IS SO ORDERED.

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Dated: April 24, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL PERKINS,

Case No. 17-cv-01148-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. PORTER, et al.,
Defendants.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on April 24, 2017, 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.

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Carl Perkins ID: F-22266
California City Correctional Facility
P.O. Box 2610
Calfornia City, CA 93504

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Dated: April 24, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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