In re Ralph Kelly Hawthorne, Jr

Filing 4

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 6/10/13. (lrc, COURT STAFF) (Filed on 6/10/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 13-0330 SBA (PR)

In re RALPH KELLY HAWTHORNE, JR.,

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ORDER OF TRANSFER

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This action was opened on January 24, 2013, when the Court received from Ralph Kelly

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Hawthorne, Jr. a letter to the Honorable Thelton E. Henderson that concerned prison conditions.

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Mr. Hawthorne also filed an application for in forma pauperis status.

United States District Court
For the Northern District of California

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Further review of Mr. Hawthorne's case reveals that he has initiated his civil action in the

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wrong judicial district. Mr. Hawthorne's letter states that he is currently incarcerated at California

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State Prison - Avenal (Avenal) in Kings County. The acts complained of occurred at Avenal, which

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is located in the Eastern District of California, and it appears that Defendants reside in that district.

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Venue, therefore, properly lies in that district and not in this one. See 28 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. If any other documents are filed by Plaintiff in

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this case, the Clerk is directed to forward them to the Clerk of the United States District Court for

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the

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Eastern District of California.

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If Mr. Hawthorne wishes to further pursue this action, he must complete the complaint form

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and in forma pauperis application required by the United States District Court for the Eastern

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District of California and mail them to that district.

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All remaining motions are TERMINATED on this Court's docket as no longer pending in
this district.
IT IS SO ORDERED.

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DATED:

6/10/13
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
IN RE RALPH KELLY HAWTHORNE,
Case Number: CV13-00330 SBA

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Plaintiff,
CERTIFICATE OF SERVICE
v.
IN RE RALPH KELLY HAWTHORNE 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.
That on June 10, 2013, 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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Ralph Kelly Hawthorne Prisoner Id E-65444
California State Prison-Avenal
520-55-L
P.O. Box 900
Avenal, CA 93204

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Dated: June 10, 2013

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\CR.13\Hawthorne 13-330 CR Tran.wpd

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