Adams v. McClure et al

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Claudia Wilken on 7/29/2010. (ndr, COURT STAFF) (Filed on 7/29/2010)

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Adams v. McClure et al Doc. 3 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. OFFICER MCCLURE, et al., Defendants. / RICHARD E. ADAMS, Plaintiff, No. C 10-03076 CW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. 1983 and a completed application for in forma pauperis status. 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 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 Chuckawalla Valley State Prison, which is located in the Eastern Division of the Central District of California, and it appears that Defendants reside in that district. Venue, therefore, properly lies in that See id. district and not in this one. Dockets.Justia.com 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 Accordingly, in the interest of justice and pursuant to 28 U.S.C. 1406(a), this action is TRANSFERRED to the Eastern Division of the United States District Court for the Central District of California. case forthwith. All remaining motion are TERMINATED on this Court's docket as no longer pending in this district. IT IS SO ORDERED. Dated: 7/29/2010 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE The Clerk of the Court shall transfer the 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 RICHARD E. ADAMS, Plaintiff, v. MCCLURE et al, Defendant. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV10-03076 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 July 29, 2010, 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. Richard E. Adams G33436 Chuckawalla Valley State Prison P.O. Box 2349 Blythe, CA 92226 Dated: July 29, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 3

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