Lucero v. Warden of San Luis Obispo et al

Filing 4

ORDER OF TRANSFER. Signed by Magistrate Judge Maria-Elena James on 1/25/2016. (rmm2S, COURT STAFF) (Filed on 1/25/2016)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 TIMOTHY PAUL LUCERO, Plaintiff, No. C 16-0153 MEJ (PR) ORDER OF TRANSFER 8 9 United States District Court For the Northern District of California 10 11 v. WARDEN OF SAN LUIS OBISPO, et al., Defendants. / 12 13 Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 14 complaining of conditions at California Men’s Colony (“CMC”). CMC is located in San 15 Luis Obispo County within the venue of the Central District of California. See 28 U.S.C. 16 § 84(c). No defendant is alleged to reside in, and none of the events or omissions giving rise 17 to the complaint occurred in, the Northern District. Venue therefore is proper in the Central 18 District, and not in this one. See 28 U.S.C. § 1391(b). 19 Accordingly, in the interests of justice and pursuant to 28 U.S.C. § 1406(a), this action 20 is TRANSFERRED to the United States District Court for the Central District of California. 21 The Clerk of the Court is directed to transfer the case forthwith. In view of the transfer, the 22 Court will not rule upon plaintiff’s request for leave to proceed in forma pauperis. 23 24 25 26 27 28 IT IS SO ORDERED. DATED: January 25, 2016 Maria-Elena James United States Magistrate Judge

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