Korell v. Unknown - name not given

Filing 4

ORDER TRANSFERRING CASE TO EASTERN DISTRICT OF CA.. Signed by Judge Yvonne Gonzalez Rogers on 2/15/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/15/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 13-00524 YGR (PR) In re MICHAEL KORELL, 5 ORDER OF TRANSFER 6 / 7 8 9 United States District Court For the Northern District of California 10 This action was opened on February 6, 2013, when the Court received from Inmate Michael Korell a letter to the Honorable Thelton E. Henderson that concerned prison conditions. On the same date, the Clerk of the Court notified Plaintiff in writing that his action was 11 deficient in that he had not submitted his complaint on a proper complaint form and had not 12 submitted an in forma pauperis application. The Court further notified him that this action would be 13 dismissed he if did not submit a complaint on the proper form and a completed in forma pauperis 14 application within thirty days. 15 Further review of Plaintiff's case reveals that, in addition to failing to submit the proper 16 documents, he has also initiated his civil action in the wrong judicial district. Plaintiff's letter states 17 that he is currently incarcerated at Mule Creek State Prison (MCSP) in Ione, California. He alleges 18 that the medical staff at MCSP have ignored his requests to see a doctor for his diabetes. (Feb. 6, 19 2013 Letter at 1-2.) 20 MCSP is located in the Eastern District of California, and it appears that Defendants reside in 21 that district. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. 22 § 1391(b). 23 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 24 TRANSFERRED to the United States District Court for the Eastern District of California. The 25 Clerk shall transfer the case forthwith. 26 If he wishes to further pursue this action, Plaintiff must complete the complaint form and in 27 forma pauperis application required by the United States District Court for the Eastern District of 28 California and mail them to that district. 1 2 The Clerk shall also direct an electronic version of Plaintiff's letter and this Order to Judge Henderson's courtroom deputy. 3 IT IS SO ORDERED. 4 DATED: February 15, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\CR.13\Korell0524.transfer.wpd 2

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