Munoz v. California Correctional Health Care Services

Filing 11

ORDER OF TRANSFER. All pending motions to be decided in the Eastern District of California. Signed by Judge Laurel Beeler on 7/10/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 7/10/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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MATTHEW JESSE MUNOZ,
Plaintiff,

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Case No. 17-cv-01028-LB
ORDER OF TRANSFER

v.

Re: ECF No. 10
R N HOGGARD, et al.,
Defendants.

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Matthew Jesse Munoz, an inmate currently housed at the California State Prison - Solano in

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Vacaville, California, filed this pro se prisoner’s civil rights action. In his complaint, Mr. Munoz

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alleged that he had been transferred to a prison at which he contracted Valley Fever. The court

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dismissed the complaint with leave to amend because the only named defendant had Eleventh

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Amendment immunity, and the complaint did not allege facts suggesting that anyone acted with

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the mental state necessary for an Eighth Amendment claim. (ECF No. 8.) Mr. Munoz then filed a

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second amended complaint. (ECF No. 10.) The second amended complaint named four individuals

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as the defendants, alleged that three of them worked at Pleasant Valley State Prison and provided

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inadequate medical care there, and contained no allegations against the fourth defendant.

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ORDER – No. 17-cv-01028-LB

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The events and omissions giving rise to the second amended complaint occurred at Pleasant

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Valley State Prison, which is located in Fresno County, within the venue of the Eastern District of

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California. The defendants work and apparently reside in Fresno County, within the venue of the

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Eastern District of California. No defendant is alleged to reside in, and none of the events or

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omissions giving rise to the complaint are alleged to have occurred in, the Northern District of

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California. Venue is proper in the Eastern District, and not in the Northern District. See 28 U.S.C.

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§ 1391(b). 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. The

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clerk shall transfer this matter. All pending motions will be decided in the Eastern District of

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California.

United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: July 10, 2017
______________________________________
LAUREL BEELER
United States Magistrate Judge

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ORDER – No. 17-cv-01028-LB

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