Gentle v. Montago

Filing 9

ORDER TRANSFERRING CASE. Case transferred to the Eastern District of California. Signed by Magistrate Judge Kandis A. Westmore on 5/9/14. (Attachments: # 1 Certificate/Proof of Service)(sisS, COURT STAFF) (Filed on 5/9/2014)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ANTOINE MARQUISE GENTLE, Plaintiff, 6 7 8 Case No. C 14-1233 KAW (PR) ORDER OF TRANSFER v. F. MONTAGO, et al., Defendants. 9 10 United States District Court Northern District of California 11 Plaintiff Antoine Marquise Gentle, a state prisoner currently incarcerated at the 12 High Desert State Prison, has filed a civil rights action under 42 U.S.C. § 1983 13 complaining of his treatment by the medical staff at Deuel Vocational Institution (“DVI”). 14 Specifically, he alleges that medical staff at DVI violated his constitutional rights by 15 failing to treat his serious medical need. 16 The acts complained of in this complaint occurred at DVI, which is located in San 17 Joaquin County in the Eastern District of California. Venue, therefore, properly lies in the 18 Eastern District and not in this one. See 28 U.S.C. § 1391(b). 19 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this 20 action is TRANSFERRED to the United States District Court for the Eastern District of 21 California. The Clerk of the Court shall transfer the case forthwith. 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: 5/9/14 ______________________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE

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