Kanagy v. State of Pennsylvania Police et al

Filing 5

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 9/27/2017. (ahm, COURT STAFF) (Filed on 9/27/2017)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9
10

United States District Court
Northern District of California

11

LEROY B. KANAGY,
Plaintiff,

12

ORDER OF TRANSFER

v.

13
14

Case No.17-cv-05194-JSC

STATE OF PENNSYLVANIA POLICE, et
al.,

15

Defendants.

16
17

Plaintiff, a California prisoner incarcerated at Napa State Hospital in Napa County,

18

California, filed this pro se civil rights action under 42 U.S.C. § 1983. Defendants are located in

19

the Middle District of Pennsylvania, where the actions giving rise to Plaintiff’s claims also took

20

place.

21

When, as here, jurisdiction is not founded on diversity, venue is proper in the district in

22

which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in

23

which a substantial part of the events or omissions giving rise to the claim occurred, or a

24

substantial part of property that is the subject of the action is situated, or (3) a judicial district in

25

which any defendant may be found, if there is no district in which the action may otherwise be

26

brought. 28 U.S.C. § 1391(b). Where a case is filed in the wrong venue, the district court has the

27

discretion either to dismiss the case or transfer it to the proper federal court “in the interest of

28

justice.” 28 U.S.C. § 1406(a).

1

In the interest of justice and pursuant to 28 U.S.C. § 1406(a), this case is TRANSFERRED

2

to the United States District Court for the Middle District of Pennsylvania, where the Defendants

3

are located and the events giving rise to Plaintiff’s claims occurred.

4

The Clerk of the Court shall transfer this matter forthwith.

5

IT IS SO ORDERED.

6

Dated: September 27, 2017

7
8
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

LEROY B. KANAGY,

Case No. 17-cv-05194-JSC

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17

STATE OF PENNSYLVANIA POLICE, et
al.,
Defendants.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on September 27, 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.

18
19
20

LeRoy B. Kanagy ID: Q7-8
Napa State Hospital
2100 Napa Vallejo HWY.
Napa, CA 94558-6293

21
22

Dated: September 27, 2017

23
24
25

Susan Y. Soong
Clerk, United States District Court

26
27
28

By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
3