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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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 MATTHEW JESSE MUNOZ, Plaintiff, 13 14 15 16 Case No. 17-cv-01028-LB ORDER OF TRANSFER v. Re: ECF No. 10 R N HOGGARD, et al., Defendants. 17 18 19 Matthew Jesse Munoz, an inmate currently housed at the California State Prison - Solano in 20 Vacaville, California, filed this pro se prisoner’s civil rights action. In his complaint, Mr. Munoz 21 alleged that he had been transferred to a prison at which he contracted Valley Fever. The court 22 dismissed the complaint with leave to amend because the only named defendant had Eleventh 23 Amendment immunity, and the complaint did not allege facts suggesting that anyone acted with 24 the mental state necessary for an Eighth Amendment claim. (ECF No. 8.) Mr. Munoz then filed a 25 second amended complaint. (ECF No. 10.) The second amended complaint named four individuals 26 as the defendants, alleged that three of them worked at Pleasant Valley State Prison and provided 27 inadequate medical care there, and contained no allegations against the fourth defendant. 28 ORDER – No. 17-cv-01028-LB 1 The events and omissions giving rise to the second amended complaint occurred at Pleasant 2 Valley State Prison, which is located in Fresno County, within the venue of the Eastern District of 3 California. The defendants work and apparently reside in Fresno County, within the venue of the 4 Eastern District of California. No defendant is alleged to reside in, and none of the events or 5 omissions giving rise to the complaint are alleged to have occurred in, the Northern District of 6 California. Venue is proper in the Eastern District, and not in the Northern District. See 28 U.S.C. 7 § 1391(b). Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 8 TRANSFERRED to the United States District Court for the Eastern District of California. The 9 clerk shall transfer this matter. All pending motions will be decided in the Eastern District of 10 California. United States District Court Northern District of California 11 IT IS SO ORDERED. 12 Dated: July 10, 2017 ______________________________________ LAUREL BEELER United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER – No. 17-cv-01028-LB 2

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