Adams v. Garcia

Filing 11

ORDER REOPENING CASE And TRANSFERING CASE (Attachments: # 1 Certificate/Proof of Service)(msr, COURT STAFF) (Filed on 2/28/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISON 7 8 EZRA JOHN ADAMS, Case No. 16-cv-7240-NJV (PR) Plaintiff, 9 v. 10 11 LEROY GARCIA, United States District Court Northern District of California Defendant. ORDER VACATING PRIOR ORDER, REPOPENING CASE AND TRANSFERING CASE Dkt. Nos. 4, 9 12 13 14 15 16 The court's order of February 28, 2017, dismissing this case was entered in error. Accordingly, that order is HEREBY VACATED and the Clerk shall reopen the case. This is a civil rights case brought pro se by a state prisoner. Plaintiff raises claims 17 regarding property that was seized during his 1988 prosecution in San Diego County Superior 18 Court. The only defendant is a Sheriff in San Diego County. San Diego County lies within the 19 venue of the United States District Court for the Southern District of California. Venue, therefore, 20 properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). This case is 21 TRANSFERRED to the United States District Court for the Southern District of California. See 22 28 U.S.C. § 1406(a). The motions to proceed in forma pauperis (Docket Nos. 4, 9) are 23 VACATED as moot. 24 25 26 27 28 IT IS SO ORDERED. Dated: February 28, 2017 NANDOR J. VADAS United States Magistrate Judge

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