Sperry v. Swingle, et al.

Filing 3

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 4/20/11. (lrc, COURT STAFF) (Filed on 4/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 11-01090 SBA (PR)

MICHAEL SPERRY,

ORDER OF TRANSFER

Plaintiff,
v.
D. SWINGLE, et al.,

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Defendants.

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Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983

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and an application for in forma pauperis status. The acts complained of occurred at High Desert

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State Prison, which is located in the Eastern District of California, and it appears that the Defendants

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reside in that district. Venue, therefore, properly lies in that district and not in this one. See 28

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U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is

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TRANSFERRED to the United States District Court for the Eastern District of California. The

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Clerk of the Court shall transfer the case forthwith. All pending motions are TERMINATED on this

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Court's docket as no longer pending in this district.

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IT IS SO ORDERED.
DATED:

4/20/11
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\CR.11\Sperry1090.Transfer.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL SPERRY,
Case Number: CV11-01090 SBA
Plaintiff,

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CERTIFICATE OF SERVICE
v.
D SWINGLE et al,
Defendant.

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United States District Court
For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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That on April 25, 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.

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Michael Sperry G-01072
Pleasant Valley State Prison
P.O. Box 1072
Coalinga, CA 93210-8504

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Dated: April 25, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\CR.11\Sperry1090.Transfer.wpd

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