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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 13-00524 YGR (PR)

In re MICHAEL KORELL,

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ORDER OF TRANSFER

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United States District Court
For the Northern District of California

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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

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deficient in that he had not submitted his complaint on a proper complaint form and had not

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submitted an in forma pauperis application. The Court further notified him that this action would be

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dismissed he if did not submit a complaint on the proper form and a completed in forma pauperis

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application within thirty days.

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Further review of Plaintiff's case reveals that, in addition to failing to submit the proper

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documents, he has also initiated his civil action in the wrong judicial district. Plaintiff's letter states

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that he is currently incarcerated at Mule Creek State Prison (MCSP) in Ione, California. He alleges

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that the medical staff at MCSP have ignored his requests to see a doctor for his diabetes. (Feb. 6,

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2013 Letter at 1-2.)

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

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that district. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C.

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§ 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 shall transfer the case forthwith.

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If he wishes to further pursue this action, Plaintiff must complete the complaint form and in

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

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California and mail them to that district.

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The Clerk shall also direct an electronic version of Plaintiff's letter and this Order to Judge
Henderson's courtroom deputy.

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IT IS SO ORDERED.

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DATED: February 15, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\YGR\CR.13\Korell0524.transfer.wpd

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