Turner v. Brown

Filing 15

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Magistrate Judge Donna M Ryu on 1/12/17. (dtmS, COURT STAFF) (Filed on 1/12/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JESSIE DEE TURNER, Case No. 16-cv-05530-DMR (PR) Plaintiff, 8 ORDER OF TRANSFER v. 9 10 JERRY BROWN, et al., Defendants. United States District Court Northern District of California 11 12 Plaintiff filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 stemming from 13 constitutional violations that occurred at Deuel Vocational Institution (“DVI”) in Tracy, 14 California, where he is currently incarcerated. Dkt. 13. He has also filed a motion for 15 appointment of counsel and an application for in forma pauperis status. Dkts. 6, 11, 14. 16 17 Plaintiff has consented to magistrate judge jurisdiction, and this matter has been assigned to the undersigned Magistrate Judge. Dkts. 8, 12. 18 The acts complained of occurred at DVI, which is located in the Eastern District of 19 California, and it appears that Defendants reside in that district. Venue, therefore, properly lies in 20 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 Eastern District of California. The 23 Clerk of the Court shall transfer the case forthwith. All pending motions are TERMINATED on 24 this court’s docket as no longer pending in this district. 25 26 27 28 IT IS SO ORDERED. Date: January 12, 2017 ________________________________ DONNA M. RYU United States Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JESSIE DEE TURNER, Case No. 16-cv-05530-DMR Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 JERRY BROWN, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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 January 12, 2017, 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. 18 19 20 Jessie Dee Turner ID: AZ-2258 P.O. Box 600 Tracy, CA 95378-0600 21 22 Dated: January 12, 2017 23 24 25 26 27 Susan Y. Soong Clerk, United States District Court By:________________________ Doug Merry, Deputy Clerk to the Honorable DONNA M. RYU 28 2

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