Martin v. Unknown - name not given

Filing 8

ORDER TRANSFERRING CASE.. Signed by Judge Claudia Wilken on 4/27/09. (scc, COURT STAFF) (Filed on 4/27/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JOHN DOE, Defendant. / CURTIS L. MARTIN, Plaintiff, No. C 08-04297 CW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

This case was opened when Plaintiff, who is currently incarcerated at Pleasant Valley State Prison (PVSP) sent the Court a two-page hand-written document along with several attachments, including various inmate 602 forms alleging deliberate indifference to his serious medical needs. In view of all this, the Clerk of

the Court concluded that Plaintiff intended to file a civil rights action under 42 U.S.C. § 1983, complaining of acts and omissions relating to his medical care at PVSP. proceed in forma pauperis. When jurisdiction is not founded solely on diversity, venue is proper in the district in which (1) any defendant resides, if all of the defendants reside in the same State, (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in He has been granted leave to

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

which any defendant may be found, if there is no district in which the action may otherwise be brought. See 28 U.S.C. § 1391(b).

The acts complained of occurred at the PVSP, which is located in the Eastern District of California, and it appears that Defendants reside in that district. Venue, therefore, properly See id.

lies in that district and not in this one.

Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the United States District Court for the Eastern District of California. of the Court shall transfer the case forthwith. IT IS SO ORDERED. Dated: 4/27/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE The Clerk

2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE: CURTIS L MARTIN, Plaintiff, v. IN RE: CURTIS L MARTIN et al, Defendant. /

Case Number: CV08-04297 CW CERTIFICATE OF SERVICE

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 April 27, 2009, 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.

Curtis L. Martin V-36244 3C 139L Pleasant Valley State Prison P.O. Box 8503 Coalinga, CA 93210 Dated: April 27, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

3