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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JERRY LEE COOPER, Case No. 14-cv-00595-JST (PR) Plaintiff, 6 v. ORDER OF TRANSFER 7 8 J. PRICE, et al., Defendants. 9 10 United States District Court Northern District of California 11 This case was opened when plaintiff, who is incarcerated at the Deuel Vocational 12 Institution ("DVI") in Tracy, California, filed a document entitled, "Petition for Writ of Habeas 13 Corpus." Plaintiff has also filed an application to proceed in forma pauperis ("IFP"). 14 Plaintiff's various complaints, however, allege civil rights claims in that he complains 15 about the conditions of his confinement rather than the fact of his confinement or the length of it. 16 Specifically, he complains of overcrowding. 17 DVI is located within the venue of the United States District Court for the Eastern District 18 of California. Venue for civil rights claims concerning the conditions of confinement at DVI 19 therefore lies in that district. See 28 U.S.C. § 1391. Accordingly, and in the interests of justice, 20 this case is TRANSFERRED to the United States District Court for the Eastern District of 21 California. See §§ 28 U.S.C. 1404(a), 1406(a). The Clerk shall transfer this matter forthwith. 22 In view of the transfer, the Court will not rule upon plaintiff's request for leave to proceed 23 IFP. Because it has construed this case as a civil rights action, the Court directs the Clerk to re- 24 code this case under the following nature of suit: "555 Prisoner: Prison Condition." 25 26 27 28 IT IS SO ORDERED. Dated: March 6, 2014 ______________________________________ JON S. TIGAR United States District Judge

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