Kelly v. Gyorkey et al

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 8/8/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 8/10/2011) [Transferred from cand on 8/12/2011.]

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 JAMES CARL KELLY, D-78369, Plaintiff(s), 9 10 vs. 11 F. GYORKEY, M.D., et al., 12 Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 11-3811 CRB (PR) ORDER OF TRANSFER (Docket # 2) 13 14 Plaintiff, a prisoner at California State Prison, Sacramento, has filed a pro se 15 complaint under 42 U.S.C. § 1983 claiming inadequate medical care. A substantial part 16 of the events or omissions giving rise to the claim occurred, and the defendants named 17 reside, in the County of Sacramento, which lies within the venue of the Eastern District 18 of California. See 28 U.S.C. § 84(b). Venue properly lies in the Eastern District. See 19 id. § 1391(b). 20 Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 21 U.S.C. § 1406(a), this action be TRANSFERRED to the United States District Court for 22 the Eastern District of California. 23 The clerk shall transfer this matter and terminate all pending motions as moot. 24 SO ORDERED. 25 DATED: Aug. 8, 2011 CHARLES R. BREYER United States District Judge 26 27 28 G:\PRO-SE\CRB\CR.11\Kelly, J1.transfer.wpd

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