Miller v. Wu

Filing 4

ORDER TRANSFERRING CASE to Western Division of the U.S. District Court for the Central District of California. Signed by Judge Yvonne Gonzalez Rogers on 4/8/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/8/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 13-01276 YGR (PR) In re ANTHONY MILLER, 5 ORDER OF TRANSFER 6 / 7 8 9 United States District Court For the Northern District of California 10 This action was opened on March 21, 2013, when the Court received from Inmate Anthony Miller a letter 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 California State Prison - Los Angeles County (LAC) in Lancaster, 18 California. He alleges that the medical staff at LAC have acted with deliberate indifference to his 19 medical needs by "decreasing [his] pain medication more and more" and "causing [him] more pain." 20 (Mar. 21, 2013 Letter at 1.) 21 LAC is located in the Central District of California, and it appears that Defendants reside in 22 that district. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. 23 § 1391(b). 24 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 25 TRANSFERRED to the Western Division of the United States District Court for the Central District 26 of California. The Clerk shall transfer the case forthwith. 27 If he wishes to further pursue this action, Plaintiff must complete the complaint form and in 28 forma pauperis application required by the Western Division of the United States District Court for 1 2 3 4 5 the Central District of California and mail them to that district. All remaining motions are TERMINATED on this Court's docket as no longer pending in this district. IT IS SO ORDERED. DATED: April 8, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 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\Miller1276.transfer.wpd 2

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