Rico v. Beard et al

Filing 51

ORDER TRANSFERRING CASE.. Signed by Judge Charles R. Breyer on 07/06/2017. (crblc2, COURT STAFF) (Filed on 7/6/2017) [Transferred from cand on 7/7/2017.]

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 v. 9 JEFFREY BEARD, et al., 10 United States District Court For the Northern District of California ORDER OF TRANSFER Plaintiff, 7 8 Case No. 3:16-cv-4348-CRB JORGE ANDRADE RICO, Defendants. / 11 12 Plaintiff Jorge Rico is a prisoner at Pelican Bay State Prison. SAC (dkt. 38) ¶ 7. 13 From October 2014 until August 24, 2016, he was housed in solitary confinement. Id. Rico 14 now brings claims for injunctive relief and damages, alleging that a suicide-prevention 15 protocol ordered by Judge Kimberly J. Mueller caused him severe sleep deprivation as a 16 result of the protocol’s hourly clangs of metal hitting metal. Id. ¶¶ 25–45; see also Coleman 17 v. Brown, No. 2:90-cv-520-KJM (E.D. Cal.). Accordingly, the Court ORDERS that, in the 18 interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the 19 U.S. District Court for the Eastern District of California. 20 21 IT IS SO ORDERED. 22 Dated: July 6, 2017 23 24 25 26 27 28 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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