Cooper v. Price et al

Filing 11

ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on March 6, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 3/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JERRY LEE COOPER,

Case No. 14-cv-00595-JST (PR)

Plaintiff,
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v.

ORDER OF TRANSFER

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J. PRICE, et al.,
Defendants.

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United States District Court
Northern District of California

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This case was opened when plaintiff, who is incarcerated at the Deuel Vocational

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Institution ("DVI") in Tracy, California, filed a document entitled, "Petition for Writ of Habeas

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Corpus." Plaintiff has also filed an application to proceed in forma pauperis ("IFP").

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Plaintiff's various complaints, however, allege civil rights claims in that he complains

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about the conditions of his confinement rather than the fact of his confinement or the length of it.

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Specifically, he complains of overcrowding.

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DVI is located within the venue of the United States District Court for the Eastern District

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of California. Venue for civil rights claims concerning the conditions of confinement at DVI

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therefore lies in that district. See 28 U.S.C. § 1391. Accordingly, and in the interests of justice,

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this case is TRANSFERRED to the United States District Court for the Eastern District of

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California. See §§ 28 U.S.C. 1404(a), 1406(a). The Clerk shall transfer this matter forthwith.

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In view of the transfer, the Court will not rule upon plaintiff's request for leave to proceed

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IFP. Because it has construed this case as a civil rights action, the Court directs the Clerk to re-

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code this case under the following nature of suit: "555 Prisoner: Prison Condition."

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IT IS SO ORDERED.
Dated: March 6, 2014
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JON S. TIGAR
United States District Judge