Robinson v. Castellon et al

Filing 6

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Maria-Elena James on 12/04/2017. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 12/4/2017) [Transferred from cand on 12/5/2017.]

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 KENNETH ROBINSON, Plaintiff, 7 8 9 10 Case No. 17-cv-06764-MEJ (PR) ORDER OF TRANSFER v. R. CASTELLON, et al., Defendants. United States District Court Northern District of California 11 12 Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 complaining of 13 events at the Deuel Vocational Institution (“DVI”). DVI is located in San Joaquin County within 14 the venue of the Eastern District of California. See 28 U.S.C. § 84(b). No defendant is alleged to 15 reside in, and none of the events or omissions giving rise to the complaint occurred in, the 16 Northern District. Venue therefore is proper in the Eastern District, and not in this one. See 28 17 U.S.C. § 1391(b). 18 Plaintiff properly filed his case in the Easter District, but the Eastern District transferred 19 the case to this court in the mistaken belief that DVI is in Alameda County. Accordingly, in the 20 interests of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED back to the 21 United States District Court for the Eastern District of California. The Clerk of the Court is 22 directed to transfer the case forthwith. 23 IT IS SO ORDERED. 24 Dated: December 4, 2017 25 26 27 28 MARIA-ELENA JAMES United States Magistrate Judge

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