Porter v. Jennings

Filing 10

ORDER OF TRANSFER 6 (Illston, Susan) (Filed on 7/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAMUEL KENNETH PORTER,

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United States District Court
For the Northern District of California

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No. C 13-1485 SI (pr)

Plaintiff,

ORDER OF TRANSFER

v.
CAPTAIN JENNINGS; et al.,
Defendants.
/

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Plaintiff sent to the court a document entitled "notice of polygraph evidence to be used

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in trial." (Docket # 1.) In an effort to protect his rights, a new action was opened and the notice

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was filed on April 3, 2013. Plaintiff was informed that he had not filed a complaint, and was

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given 28 days to do so or the action would be dismissed.

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Plaintiff then filed a request for extension of time to file his complaint, and filed the

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complaint on the same day. Plaintiff's request for an extension of time is GRANTED. (Docket

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# 6.) The complaint (Docket # 8) received on April 25, 2013 has been filed.

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In his civil rights complaint under 42 U.S.C. § 1983, plaintiff complains about tapeworms

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that he is hearing and seeing in his body and excrement at Calipatria State Prison. That facility

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is in Imperial County, and within the venue of the Southern District of California. Some or all

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of the defendants apparently reside in the Southern District of California. No defendant is

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

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in, the Northern District. Venue therefore would be proper in the Southern District and not in

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this one. See 28 U.S.C. § 1391(b). Accordingly, in the interest of justice and pursuant to 28

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U.S.C. § 1406(a), this action is TRANSFERRED to the United States District Court for the

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Southern District of California. The clerk shall transfer this matter.

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This court has not ruled on plaintiff's in forma pauperis application.

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IT IS SO ORDERED.

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Dated: July 2, 2013

______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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