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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH ROBINSON,
Plaintiff,

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Case No. 17-cv-06764-MEJ (PR)
ORDER OF TRANSFER

v.
R. CASTELLON, et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 complaining of

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events at the Deuel Vocational Institution (“DVI”). DVI is located in San Joaquin County within

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the venue of the Eastern District of California. See 28 U.S.C. § 84(b). No defendant is alleged to

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reside in, and none of the events or omissions giving rise to the complaint occurred in, the

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Northern District. Venue therefore is proper in the Eastern District, and not in this one. See 28

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U.S.C. § 1391(b).

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Plaintiff properly filed his case in the Easter District, but the Eastern District transferred

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the case to this court in the mistaken belief that DVI is in Alameda County. Accordingly, in the

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interests of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED back to the

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United States District Court for the Eastern District of California. The Clerk of the Court is

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directed to transfer the case forthwith.

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IT IS SO ORDERED.

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Dated: December 4, 2017

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MARIA-ELENA JAMES
United States Magistrate Judge