Smith v. Roelke

Filing 4

ORDER OF TRANSFER : This action is transferred to the USDC for the Eastern District of California. The clerk shall transfer this matter. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 11/5/2008) (Additional attachment(s) added on 11/6/2008: # 1 cs) (ys, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARK A. SMITH, Plaintiff, v. MARK ROELKE, Defendant. /

No. C 08-4975 SI (pr) ORDER OF TRANSFER

Mark A. Smith filed this civil rights action under 42 U.S.C. § 1983, complaining of acts and omissions that occurred in Solano County and while he was housed at the Solano County Jail. The defendant apparently resides in Vallejo, a city located in Solano County. Solano County is within the venue of the Eastern District of California. Venue therefore properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter. IT IS SO ORDERED. Dated: November 5, 2008 ______________________ SUSAN ILLSTON United States District Judge