Morris v. CSP-Sacramento et al

Filing 10

ORDER TRANSFERRING CASE. Ruling on plaintiff's motion for leave to proceed in forma pauperis is deferred to the Eastern District. Signed by Judge William Alsup on 10/30/2017. The deputy clerk hereby certifies that on 10/30/2017, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (afmS, COURT STAFF) (Filed on 10/30/2017) [Transferred from cand on 10/31/2017.]

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ORVILLE M. MORRIS, No. C 17-5608 WHA (PR) 10 Plaintiff, ORDER OF TRANSFER 11 vs. 12 13 14 15 CALIFORNIA STATE PRISON – SACRAMENTO; NEW FOLSOM STATE PRISON; CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; B. MCCULLOCH; D. ROTH; PELICAN BAY STATE PRISON, (Dkt. No. 2, 9) 16 Defendants. 17 / 18 Plaintiff is an inmate at Kern Valley State Prison in Delano, California. The complaint 19 asserts claims under 42 U.S.C 1983 against two officials at California State Prison (“CSP”) – 20 Sacramento for allegedly violating his rights there. He also names the California Department of 21 Corrections and Rehabilitation (“CDCR”), New Folsom State Prison, CSP Sacramento, and 22 Pelican Bay State Prison as defendants. The two individual defendants, the CDCR, New 23 Folsom, and CSP Sacramento are located within the venue of the United States District Court 24 for the Eastern District of California. The events giving rise to the complaint took place in 25 Sacramento, which is also within the Eastern District. Plaintiff is not located within the venue 26 of this district. As a result, the proper venue for this civil rights action is the Eastern District of 27 California. See 28 U.S.C. 1391. Accordingly, this case is TRANSFERRED to the United States 28 1 District Court for the Eastern District of California. See 28 U.S.C. 1404(a), 1406(a). Ruling on 2 plaintiff’s motion for leave to proceed in forma pauperis is deferred to the Eastern District. 3 The clerk shall transfer this matter forthwith. 4 IT IS SO ORDERED. 5 6 Dated: October 30 , 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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