Foust v. Warden

Filing 10

ORDER OF TRANSFER. Case transferred to Eastern District of California. Signed by Judge Edward M. Chen on 2/17/2021. (afmS, COURT STAFF) (Filed on 2/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARL FOUST, Plaintiff, 8 WARDEN, Defendant. 11 United States District Court Northern District of California ORDER OF TRANSFER v. 9 10 Case No. 20-cv-08795-EMC 12 13 Plaintiff, an inmate at California Medical Facility in Vacaville, filed this pro se civil rights 14 action under 42 U.S.C. § 1983, complaining of acts and omissions at that prison, which is located 15 in Solano County. Solano County is within the venue of the Eastern District of California. The 16 lone defendant works at that prison in Solano County and apparently resides in the Eastern District 17 of California. No defendant is alleged to reside in, and none of the events or omissions giving rise 18 to the complaint are alleged to have occurred in, the Northern District. Venue therefore would be 19 proper in the Eastern District, and not in this one. See 28 U.S.C. § 1391(b). Accordingly, in the 20 interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the 21 United States District Court for the Eastern District of California. The Clerk shall transfer this 22 matter. 23 IT IS SO ORDERED. 24 25 Dated: February 17, 2021 26 27 28 ______________________________________ EDWARD M. CHEN United States District Judge

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