Scheiding v. Smith et al

Filing 5

ORDER OF TRANSFER (RE: ECF No. 1). Signed by Magistrate Judge Laurel Beeler on 2/3/2016. (lsS, COURT STAFF) (Filed on 2/3/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 12 JASON SCHEIDING, Case No. 16-cv-00467-LB Plaintiff, 13 v. ORDER OF TRANSFER 14 15 DAVID SMITH, et al., [Re: ECF No. 1 ] Defendants. 16 17 18 Jason Scheiding, an inmate at the California Substance Abuse Treatment Facility in Corcoran, 19 filed this pro se civil action, complaining of events and omissions occurring at that prison. The 20 prison is located in Kings County, within the venue of the Eastern District of California. The 21 defendants are employed at the prison and apparently reside within the venue of the Eastern 22 District of California. No defendant is alleged to reside in, and none of the events or omissions 23 giving rise to the complaint occurred in, the Northern District of California. Venue therefore 24 would be proper in the Eastern District, and not in this one. See 28 U.S.C. § 1391(b). 25 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 26 TRANSFERRED to the United States District Court for the Eastern District of California. The 27 28 1 clerk shall transfer this matter. 2 IT IS SO ORDERED. 3 4 Dated: February 3, 2016 __________________________ LAUREL BEELER United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 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 JASON SCHEIDING, Case No. 3:16-cv-00467-LB Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 DAVID SMITH, et al., Defendants. United States District Court Northern District of California 11 12 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 14 15 16 17 18 That on February 3, 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. 19 20 21 Jason Scheiding ID: AF-096 High Desert State Prison P.O. Box 3030 Susanville, CA 96127 A3-214 22 23 24 25 26 Dated: February 3, 2016 Susan Y. Soong Clerk, United States District Court By:________________________ Lashanda Scott, Deputy Clerk to the Honorable LAUREL BEELER 27 28 3

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