Johnson v. Head et al

Filing 14

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 9/3/14. (lrcS, COURT STAFF) (Filed on 9/16/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CARL JOHNSON, 7 Case No. 14-cv-02768-JD 8 Plaintiff, 9 ORDER OF TRANSFER v. 10 11 United States District Court Northern District of California Re: Dkt. No. 8 J. HEAD, et al., 12 13 Defendants. 14 15 16 Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983. 17 Plaintiff alleged that several CDCR Transportation Officers were deliberately indifferent to his 18 serious medical needs while he was being transported. Plaintiff was taken from California Men’s 19 Colony and transported to Corcoran Prison with stops at California Correctional Institution, 20 California Rehabilitation Center, and Chino State Prison. These locations lie in the Central and 21 Eastern Districts of California. Plaintiff identified no events that occurred in the Northern District 22 of California.1 23 Plaintiff stated that the office of the transportation unit for CDCR lies in the Northern 24 District, but provided no additional information. The Court ordered plaintiff to provide additional 25 information regarding the location of the office and these defendants. Plaintiff has provided 26 addresses for the defendants and they are all located in Sacramento, in the Eastern District of 27 28 1 Plaintiff is currently incarcerated at Mule Creek State Prison in the Eastern District of California. 1 California. Because none of the defendants reside in this district and as none of the events 2 occurred here, this case must be transferred. Because some of the events occurred in the Eastern 3 District and as plaintiff and the defendants reside there, this case will be transferred to the Eastern 4 District. 5 Venue is proper in the district in which (1) any defendant resides, if all of the defendants 6 reside in the same state, (2) the district in which a substantial part of the events or omissions 7 giving rise to the claim occurred, or a substantial part of property that is the subject of the action is 8 situated, or (3) a judicial district in which any defendant may be found, if there is no district in 9 which the action may otherwise be brought. 28 U.S.C. § 1391(b). This case is therefore TRANSFERRED to the United States District Court for the Eastern District of California. See 28 11 United States District Court Northern District of California 10 U.S.C. § 1406(a). Plaintiff’s motion for an extension (Docket No. 8) is DENIED as moot. 12 13 14 15 IT IS SO ORDERED. Dated: September 3, 2014 ______________________________________ JAMES DONATO United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARL JOHNSON, Case No. 14-cv-02768-JD Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 J. HEAD, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on 9/16/2014, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 19 Carl Johnson J90000 C12-241 Mule Creek State Prison Ione, CA 95640 20 21 Dated: 9/16/2014 22 23 Richard W. Wieking Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 3

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