Banks v. Song et al
Filing
5
ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 8/17/17. (lrcS, COURT STAFF) (Filed on 8/17/2017)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
FREDERICK BANKS,
7
Plaintiff,
8
ORDER OF TRANSFER
v.
9
Re: Dkt. Nos. 2, 4
SOO SONG, et al.,
10
Defendants.
11
United States District Court
Northern District of California
Case No. 17-cv-04100-JD
12
Plaintiff, a prisoner proceeding pro se, has filed a “Complaint for a Writ of Quo Warranto,
13
Prohibition and Mandamus”. Complaint at 1. Plaintiff presents allegations against several United
14
States Attorneys and Federal Judges in the Western District of Pennsylvania. He also names the
15
Federal Bureau of Investigation and the Central Intelligence Agency as defendants. Plaintiff is
16
incarcerated in Ohio. The underlying events of this case occurred in the Western District of
17
Pennsylvania and venue, therefore, properly lies in that district and not in this one. See 28 U.S.C.
18
§ 1391(b). This case is TRANSFERRED to the United States District Court for the Western
19
District of Pennsylvania. See 28 U.S.C. § 1406(a).1 In view of the transfer, the Court will not rule
20
upon plaintiff’s motions to proceed in forma pauperis (Docket Nos. 2, 4) which are VACATED.
IT IS SO ORDERED.
21
22
Dated: August 17, 2017
23
24
JAMES DONATO
United States District Judge
25
26
27
28
1
The Court notes that plaintiff has been declared a vexatious litigant in the Western District of
Pennsylvania. See, e.g., Banks v. Babcock, No. 15-1584, 2017 WL 978101 (W.D. PA March 14,
2017).
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
FREDERICK BANKS,
Case No. 17-cv-04100-JD
Plaintiff,
5
v.
CERTIFICATE OF SERVICE
6
7
SOO SONG, 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 August 17, 2017, 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
Frederick Banks ID: 05711-068
Ohio Department of Rehabilitation and Correction
2440 Hubbard Road
Youngstown, OH 44505
19
20
21
Dated: August 17, 2017
22
23
Susan Y. Soong
Clerk, United States District Court
24
25
26
27
By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?