Clark v. Unknown

Filing 11

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. Signed by Magistrate Judge Donna M. Ryu on 3/21/16. (ig, COURT STAFF) (Filed on 3/21/2016)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 ROGER CLARK, Case No. 16-cv-00268-DMR (PR) Plaintiff, 10 ORDER OF TRANSFER v. United States District Court Northern District of California 11 12 DR. WESLEY MCALLISTER, et al., Defendants. 13 14 This action was opened on January 15, 2016, when the Court received from Plaintiff Roger 15 Clark, who is an inmate at the California Medical Facility (“CMF”), a letter to the Honorable 16 Thelton E. Henderson that concerned prison conditions. Dkt. 1. 17 On the same date, the Clerk of the Court notified Plaintiff in writing that his action was 18 deficient in that he had not submitted his complaint on a proper complaint form and had not 19 submitted an in forma pauperis (“IFP”) application. Dkts. 2, 3. The Clerk further notified him 20 that this action would be dismissed if he did not submit a complaint on the proper form and a 21 completed IFP application within twenty-eight days. See id. In addition, the Clerk also notified 22 Plaintiff in writing that this matter has been assigned to the undersigned Magistrate Judge. Dkt. 5. 23 On March 2, 2016, Plaintiff filed a pro se civil rights complaint pursuant to 42 U.S.C. 24 § 1983 after being granted an extension of time to do so. Dkt. 8. Plaintiff has also submitted an 25 IFP application. Dkt. 9. To date, Plaintiff has not filed his consent to magistrate judge 26 jurisdiction. 27 The acts complained of occurred at CMF in Vacaville, which is located in the Eastern 28 District of California, and it appears that Defendants reside in that district. Venue, therefore, 1 properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 2 3 TRANSFERRED to the United States District Court for the Eastern District of California.1 The 4 Clerk shall transfer the case forthwith. Any remaining motions (dkt. 9) are TERMINATED on this Court’s docket as no longer 5 6 pending in this district. IT IS SO ORDERED. 7 8 Dated: March 21, 2016 ______________________________________ DONNA M. RYU United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 28 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). 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ROGER CLARK, Case No. 4:16-cv-00268-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 WESLEY MCALLISTER, 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 March 21, 2016, 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 Roger Clark ID: G-48164 California Medical Facility P.O. Box 2000 Vacaville, CA 95696 19 20 Dated: March 21, 2016 21 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 3

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