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)

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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

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