In Re: Halbirt
Filing
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ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA. Signed by Judge Maria-Elena James on 5/10/2013. (cdnS, COURT STAFF) (Filed on 5/10/2013) (Additional attachment(s) added on 5/10/2013: # 1 Certificate/Proof of Service) (cdnS, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 13-2092 MEJ (PR)
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United States District Court
For the Northern District of California
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ORDER OF TRANSFER
In Re JAMES L. HALBIRT.
Plaintiff James L. Halbirt, a state prisoner currently incarcerated at the California
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Men’s Colony (CMC) in San Luis Obispo, California, has filed a letter complaining of his
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treatment by staff at the CMC, which the Court construes as an attempt to file a pro se civil
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rights complaint under 42 U.S.C. § 1983. Specifically, Plaintiff alleges that the CMC staff
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do not allow him to practice his Buddhist religion.
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The acts complained of in his complaint occurred at the CMC, located in San Luis
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Obispo County which lies in the Central District of California. Venue, therefore, properly
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lies in the Central District and not in this one. See 28 U.S.C. § 1391(b).
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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action
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is TRANSFERRED to the United States District Court for the Central District of California.
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The Clerk of the Court shall transfer the case forthwith.
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IT IS SO ORDERED.
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DATED: May 10, 2013
Maria-Elena James
United States Magistrate Judge
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