Chandler v. Swarthout

Filing 6

ORDER TRANSFERRING CASE: This action is TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk shall transfer the case forthwith. If Plaintiff wishes to further pursue this action, he must complete the complaint form and in forma pauperis application required by the United States District Court for the Eastern District of California and mail them to that district. All remaining motions are TERMINATED on this Court's docket as no longer pendin g in this district. Motions terminated: 3 MOTION for Temporary Restraining Order filed by George R. Chandler, Jr.. Signed by Magistrate Judge Donna M. Ryu on 6/28/13. (Attachments: # 1 Certificate/Proof of Service)(ig, COURT STAFF) (Filed on 6/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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v.
GARY SWARTHOUT, et al.,
Defendants.

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United States District Court
For the Northern District of California

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ORDER OF TRANSFER

Plaintiff,

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No. C 13-02844 DMR (PR)

GEORGE CHANDLER, JR.,

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On June 20, 2013, Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42
U.S.C. § 1983.
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 an in forma pauperis application. The Clerk further notified

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him that this action would be dismissed if he did not submit a completed in forma pauperis

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application within twenty-eight days. In addition, on June 20, 2013, the Clerk notified Plaintiff in

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writing that this matter has been assigned to the undersigned Magistrate Judge.

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Further review of Plaintiff's case reveals that, in addition to failing to complete an in forma

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pauperis application, he has also initiated his civil action in the wrong judicial district. The acts

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complained of occurred at California State Prison - Solano, which is located in the Eastern District

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of California, and it appears that Defendants reside in that district. Venue, therefore, properly lies in

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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.1 The

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Clerk shall transfer the case forthwith.

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If Plaintiff wishes to further pursue this action, he must complete the complaint form and in
forma pauperis application required by the United States District Court for the Eastern District of

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Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction
of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).

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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: June 28, 2013

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DONNA M. RYU
United States Magistrate Judge

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United States District Court
For the Northern District of California

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G:\PRO-SE\DMR\CR.13\Chandler2844.Transfer.wpd

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