Asberry

Filing 7

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Maria-Elena James on 6/29/2015. (rmm2S, COURT STAFF) (Filed on 6/29/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHNNY FRANK ASBERRY, JR.,
Plaintiff,

No. C 15-2441 MEJ (PR)
ORDER OF TRANSFER

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United States District Court
For the Northern District of California

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v.
SHERIFF THOMAS H. SMITH, et al.,
Defendants.
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Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983

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complaining of events at the Washington County Law Enforcement Center in Sandersville,

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Georgia. Sandersville is located within the venue of the Middle District of Georgia. See 28

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U.S.C. § 90(b). No defendant is alleged to reside in, and none of the events or omissions

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giving rise to the complaint occurred in, the Northern District of California. Venue therefore

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is proper in the Middle District of Georgia, and not in this one. See 28 U.S.C. § 1391(b).

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Accordingly, in the interests 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 Middle District of Georgia.

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

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forma pauperis. The Clerk of the Court shall terminate all pending motions and transfer the

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case forthwith.

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IT IS SO ORDERED.
DATED:

June 29, 2015

Maria-Elena James
United States Magistrate Judge

United States District Court
For the Northern District of California

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