Sims v. Casian

Filing 9

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 5/30/13. (lrc, COURT STAFF) (Filed on 5/30/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 12 ORDER OF TRANSFER Plaintiff, 10 11 No. C 13-01796 SBA (PR) RONALD SIMS, v. DR. G. CASIAN, Defendant. 13 / 14 15 Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. He has not paid 16 the filing fee or filed a motion for leave to proceed in forma pauperis ("IFP"). Even though he has 17 not filed an IFP application, he submitted his Certificate of Funds and prison trust account statement. 18 The acts complained of occurred at the R. J. Donovan Correctional Facility, which is located 19 in the Southern District of California, and it appears that Defendant resides in that district. Venue, 20 therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). 21 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 22 TRANSFERRED to the United States District Court for the Southern District of California. The 23 Clerk of the Court shall transfer the case forthwith. 24 25 IT IS SO ORDERED. Dated: 5/30/13 SAUNDRA B. ARMSTRONG UNITED STATES DISTRICT JUDGE 26 27 28 G:\PRO-SE\SBA\CR.13\Sims1796.Transfer.wpd 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 IN RE RONALD SIMS et al, Case Number: CV13-01796 SBA 4 Plaintiff, CERTIFICATE OF SERVICE 5 v. 6 IN RE RONALD SIMS et al, 7 Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 May 30, 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. 13 14 15 16 17 Ronald Sims B58662 P.O. Box 799001 FA-4-214-L San Diego, CA 92179 Dated: May 30, 2013 Richard W. Wieking, Clerk By: Lisa Clark, Deputy Clerk 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.13\Sims1796.Transfer.wpd 2

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