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)

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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

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