Cole v. Guillen et al

Filing 3

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Donna M. Ryu on 7/24/15. (ig, COURT STAFF) (Filed on 7/24/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ODDIS VERMONT COLE, Case No. 15-cv-03017-DMR (PR) Plaintiff, 8 ORDER OF TRANSFER v. 9 10 F. GUILLEN, et al., Defendants. United States District Court Northern District of California 11 Plaintiff, a state prisoner currently incarcerated at California State Prison - Solano (“CSP- 12 13 Solano”), has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has 14 consented to magistrate judge jurisdiction, and this matter has been assigned to the undersigned 15 Magistrate Judge. Dkt. 1 at 4. Plaintiff has also filed an application for in forma pauperis status. 16 Dkt. 2. 17 The acts complained of occurred at CSP-Solano, which is located in the Eastern District of 18 California, and it appears that Defendants reside in that district. Venue, therefore, properly lies in 19 that district and not in this one. See 28 U.S.C. § 1391(b). 20 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 21 TRANSFERRED to the United States District Court for the Eastern District of California. The 22 Clerk of the Court shall transfer the case forthwith. 23 24 25 26 27 28 All pending motions are TERMINATED on this court’s docket as no longer pending in this district. IT IS SO ORDERED. Dated: July 24, 2015 ______________________________________ DONNA M. RYU United States Magistrate Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ODDIS VERMONT COLE, Case No. 4:15-cv-03017-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 F. GUILLEN, et al., Defendants. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on July 24, 2015, I SERVED a true and correct copy(ies) of the Order of Transfer, 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. 16 17 18 19 Oddis Vermont Cole K43562 California State Prison Solano PO Box 4000 Vacaville, CA 95696 20 21 Dated: July 24, 2015 22 23 Richard W. Wieking Clerk, United States District Court 24 25 26 27 28 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 2

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