Higginbotham v. Duffy

Filing 5

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Nandor Vadas on 7/17/2014. (njvlc1, COURT STAFF) (Filed on 7/17/2014) [Transferred from cand on 7/18/2014.]

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 EUREKA DIVISION 6 7 ANTHONY W. HIGGINBOTHAM, No. C 14-2937 NJV (PR) Plaintiff, 8 ORDER OF TRANSFER 9 11 For the Northern District of California United States District Court 10 v. WARDEN BRIAN DUFFY, Defendant. / 12 13 This is a civil rights case brought pro se by a state prisoner. Plaintiff alleges that he 14 has been improperly classified at California Medical Facility which has interfered with his 15 housing and custody status. The sole defendant in this case is the warden of California 16 Medical Facility and that institution lies within the venue of the Eastern District of California. 17 Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). 18 This case is TRANSFERRED to the United States District Court for the Eastern 19 District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the court will not 20 rule upon plaintiff's request for leave to proceed in forma pauperis. 21 22 IT IS SO ORDERED. Dated: July 17, 2014. NANDOR J. VADAS United States Magistrate Judge 23 24 25 26 27 28 G:\PRO-SE\NJV\CR.14\Higginbotham2937.trn 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 EUREKA DIVISION 4 5 6 No.1:14-CV- 2937 NJV ANTHONY W. HIGGINBOTHAM 7 8 9 v. WARDEN BRIAN DUFFY, Defendant. / 11 For the Northern District of California United States District Court 10 CERTIFICATE OF SERVICE Plaintiff, 12 I, the undersigned, hereby certify that on July 17, 2014, I served a true and correct copy of 13 the attached by placing said copy in a postage paid envelope addressed to the person(s) listed below, 14 by depositing said envelope in the U.S. Mail. 15 16 17 18 19 Anthony W. Higginbotham G-00021 CALIFORNIA CITY CORRECTIONAL INSTITUTION Inmate Mail/Parcels P.O. BOX 3001-0001 CALIFORNIA CITY, CA 93504 20 21 22 23 /s/ Linn Van Meter Linn Van Meter Administrative Law Clerk to the Honorable Nandor J. Vadas 24 25 26 27 28 2

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