Herndon v. Williams

Filing 5

ORDER OF TRANSFER.***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 4/5/2016. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/5/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERROD LONZELL HERNDON,
Plaintiff,

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Case No. 16-cv-01567-HSG (PR)
ORDER OF TRANSFER

v.
DR. WILLIAMS, et al.,
Defendants.

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Plaintiff, an inmate at North Kern State Prison, has filed a pro se civil rights complaint

United States District Court
Northern District of California

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under 42 U.S.C. § 1983 against the Sacramento County Sheriff’s Department and a doctor at the

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Mental Health Services Division of the California Department of Health Care Services in

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Sacramento, California. Sacramento County is within the venue of the Eastern District of

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California, and the witnesses apparently would be found in the Eastern District of California as

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that is the location of the acts or omissions complained of by plaintiff. No defendant is alleged to

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reside in, and none of the events or omissions giving rise to the complaint occurred in, the

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Northern District. Venue therefore would be proper in the Eastern District of California, and not

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in this one. See 28 U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is

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TRANSFERRED to the United States District Court for the Eastern District of California. In view

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of the transfer, the Court will not rule upon plaintiff’s pending motion to proceed in forma

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pauperis (Docket No. 3).

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The Clerk shall transfer this matter.

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IT IS SO ORDERED.

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Dated: 4/5/2016

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HAYWOOD S. GILLIAM, JR.
United States District Judge