Red v. Heck et al

Filing 3

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 1/26/16. (lrcS, COURT STAFF) (Filed on 1/26/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GEORGE RED, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-00201-JD ORDER OF TRANSFER v. QUINCY HECK, et al., Defendants. 12 13 This is a civil rights case brought pro se by a state prisoner. Plaintiff states that doctors at 14 United States Prison Lompoc failed to properly treat him in 1995. United States Prison Lompoc is 15 located in within the venue of the United States District Court for the Central District of 16 California. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 17 1391(b). While this case may be time barred and plaintiff also filed an earlier case in the Central 18 District with many of the same defendants, Red v. Heck, Case No. 96-cv-3325-WDK-RZ, those 19 determinations will be made in the Central District. 20 This case is TRANSFERRED to the United States District Court for the Central District 21 of California. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not rule upon 22 plaintiff's request for leave to proceed in forma pauperis, 23 24 IT IS SO ORDERED. Dated: January 26, 2016 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GEORGE RED, Case No. 16-cv-00201-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 QUINCY HECK, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on January 26, 2016, 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 George Red ID: T-55342 San Quentin State Prison San Quentin, CA 94974 19 20 Dated: January 26, 2016 21 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 27 28 2

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