Billinger v. Church

Filing 9

ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on February 22, 2015. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 2/23/2015) [Transferred from cand on 2/23/2015.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALBERT BILLINGER,

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Case No. 15-cv-00218-JST (PR)

Plaintiff,
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v.

ORDER OF TRANSFER

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DOCTOR CHURCH,

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United States District Court
Northern District of California

Defendant.
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Plaintiff, a state prisoner currently incarcerated at the California Health Care Facility in

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Stockton, California (CHCF) filed a pro se civil rights complaint under 42 U.S.C. § 1983

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complaining that CHCF staff denied him adequate medical care following his June 2014 surgery

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at San Pablo Hospital. Specifically, plaintiff claims he was improperly transported back to CHCF

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following his surgery, causing his surgical wounds to reopen.

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Although San Pablo Hospital, which is in Contra Costa County, lies within this district,

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plaintiff alleges that the people who came to transport him from the hospital were correctional

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officers from CHCF. Plaintiff also states that the violation itself occurred at CHCF, and the sole

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defendant named, Dr. Church, is a CHCF doctor. Finally, a substantial part of the events or

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omissions giving rise to the claim occurred at a prison in Vacaville1, which is in Solano County,

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and at CHCF, which is in San Joaquin County. Both Solano County and San Joaquin County lie

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within the Eastern District of California. Venue, therefore, properly lies in the Eastern District and

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not in this one. See 28 U.S.C. § 1391(b).

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Plaintiff does not identify the prison in Vacaville by name.

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

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

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Clerk of the Court shall transfer the case forthwith.

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IT IS SO ORDERED.
Dated: February 22, 2015
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JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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