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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK BANKS,

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Plaintiff,

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ORDER OF TRANSFER

v.

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Re: Dkt. Nos. 2, 4
SOO SONG, et al.,

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Defendants.

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United States District Court
Northern District of California

Case No. 17-cv-04100-JD

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Plaintiff, a prisoner proceeding pro se, has filed a “Complaint for a Writ of Quo Warranto,

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Prohibition and Mandamus”. Complaint at 1. Plaintiff presents allegations against several United

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States Attorneys and Federal Judges in the Western District of Pennsylvania. He also names the

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Federal Bureau of Investigation and the Central Intelligence Agency as defendants. Plaintiff is

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incarcerated in Ohio. The underlying events of this case occurred in the Western District of

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Pennsylvania and venue, therefore, properly lies in that district and not in this one. See 28 U.S.C.

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§ 1391(b). This case is TRANSFERRED to the United States District Court for the Western

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District of Pennsylvania. See 28 U.S.C. § 1406(a).1 In view of the transfer, the Court will not rule

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upon plaintiff’s motions to proceed in forma pauperis (Docket Nos. 2, 4) which are VACATED.
IT IS SO ORDERED.

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Dated: August 17, 2017

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JAMES DONATO
United States District Judge

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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).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK BANKS,

Case No. 17-cv-04100-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SOO SONG, et al.,
Defendants.

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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

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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.

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Frederick Banks ID: 05711-068
Ohio Department of Rehabilitation and Correction
2440 Hubbard Road
Youngstown, OH 44505

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Dated: August 17, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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