Kelly v. Jackson et al

Filing 5

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 3/4/2011. (ndr, COURT STAFF) (Filed on 3/4/2011)

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Kelly v. Jackson et al Doc. 5 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 v. RICHARD KELLY, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 11-00811 CW (PR) ORDER OF TRANSFER Plaintiff, D. JACKSON, et al., Defendants. / Plaintiff, a state prisoner currently incarcerated at Avenal State Prison, filed this action as a civil action in the Santa Clara County Superior Court, Kelly v. Jackson, et al., Case No. 110CV186459. On February 22, 2011, Defendants removed the action to this Court pursuant to 28 U.S.C. 1441(b). Defendants, who are represented by the State Attorney General's Office,1 have filed a motion asking the Court to screen the complaint under 28 U.S.C. 1915A. The acts complained of occurred at Avenal State Prison, which is located in the Eastern District of California, and it appears that Defendants reside in that district. Venue, therefore, See 28 U.S.C. properly lies in that district and not in this one. 1391(b). 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. 1 The Clerk Deputy Attorney General Erin Burns Sullivan represents and has acknowledged service on behalf of Defendants Whiteman, Boccella, Jackson, Gutierrez, Hartley, Roberts, Tuntakit, Vargas and Gibson. 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 of the Court shall transfer the case forthwith. All pending motions are TERMINATED on this Court's docket as no longer pending in this district. IT IS SO ORDERED. Dated: 3/4/2011 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 2 1 2 3 RICHARD KELLY, 4 Plaintiff, 5 v. 6 D JACKSON et al, 7 Defendant. 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 Kelly T-15250 Avenal State Prison P.O. Box 900 510-1-20 Avenal, CA 93204 Dated: March 4, 2011 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV11-00811 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 March 4, 2011, 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 W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 3

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