Wilson v. Fox et al

Filing 5

ORDER TRANSFERRING CASE TO United States District Court, Eastern District of California, ***Civil Case Terminated. Signed by Magistrate Judge Donna M. Ryu on 2/3/16. (ig, COURT STAFF) (Filed on 2/3/2016) [Transferred from cand on 2/4/2016.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRED WILSON,

Case No. 16-cv-00087-DMR (PR)

Plaintiff,
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v.

ORDER OF TRANSFER

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ROBERT FOX, et al.,
Defendants.

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United States District Court
Northern District of California

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On January 7, 2016, Plaintiff, an inmate at the California Medical Facility (“CMF”), filed a

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pro se civil rights action pursuant to 42 U.S.C. § 1983. Dkt. 1. Plaintiff has also submitted an in

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forma pauperis application. Dkt. 2. Plaintiff has consented to magistrate judge jurisdiction in this

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action. Dkt. 4.

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A review of Plaintiff’s case reveals that he has initiated his civil action in the wrong

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judicial district. The acts complained of occurred at CMF in Vacaville, which is located in the

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Eastern District of California, and it appears that Defendants reside in that district. Venue,

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therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).

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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.1 The

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Clerk of the Court shall transfer the case forthwith.

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Any remaining motions are TERMINATED on this Court’s docket as no longer pending in
this district.
IT IS SO ORDERED.
Dated: February 3, 2016

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_________________________________
DONNA M. RYU
United States Magistrate Judge

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Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the
jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRED WILSON,

Case No. 4:16-cv-00087-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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ROBERT FOX, et al.,
Defendants.

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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.

United States District Court
Northern District of California

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That on February 3, 2016, I SERVED a true and correct copy(ies) of the Order of Transfer,
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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Fred Wilson
AM3573
California Medical Facility
P.O. Box 2000
Vacaville, CA 95696

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Dated: February 3, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU
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