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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL JOHNSON,

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Case No. 14-cv-02768-JD

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Plaintiff,

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ORDER OF TRANSFER
v.

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United States District Court
Northern District of California

Re: Dkt. No. 8
J. HEAD, et al.,

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Defendants.

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Plaintiff, a state prisoner, filed a pro se civil rights complaint under 42 U.S.C. § 1983.

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Plaintiff alleged that several CDCR Transportation Officers were deliberately indifferent to his

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serious medical needs while he was being transported. Plaintiff was taken from California Men’s

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Colony and transported to Corcoran Prison with stops at California Correctional Institution,

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California Rehabilitation Center, and Chino State Prison. These locations lie in the Central and

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Eastern Districts of California. Plaintiff identified no events that occurred in the Northern District

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of California.1

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Plaintiff stated that the office of the transportation unit for CDCR lies in the Northern

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District, but provided no additional information. The Court ordered plaintiff to provide additional

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information regarding the location of the office and these defendants. Plaintiff has provided

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addresses for the defendants and they are all located in Sacramento, in the Eastern District of

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Plaintiff is currently incarcerated at Mule Creek State Prison in the Eastern District of California.

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California. Because none of the defendants reside in this district and as none of the events

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occurred here, this case must be transferred. Because some of the events occurred in the Eastern

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District and as plaintiff and the defendants reside there, this case will be transferred to the Eastern

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District.

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Venue is proper in the district in which (1) any defendant resides, if all of the defendants

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reside in the same state, (2) the district in which a substantial part of the events or omissions

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giving rise to the claim occurred, or a substantial part of property that is the subject of the action is

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situated, or (3) a judicial district in which any defendant may be found, if there is no district in

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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

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United States District Court
Northern District of California

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U.S.C. § 1406(a). Plaintiff’s motion for an extension (Docket No. 8) is DENIED as moot.

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IT IS SO ORDERED.
Dated: September 3, 2014
______________________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL JOHNSON,

Case No. 14-cv-02768-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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J. HEAD, et al.,
Defendants.

United States District Court
Northern District of California

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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.

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Carl Johnson
J90000 C12-241
Mule Creek State Prison
Ione, CA 95640

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Dated: 9/16/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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