Hammond v. Lerma

Filing 9

ORDER TRANSFERRING CASE. Signed by Judge Magistrate Judge Donna M. Ryu on 1/18/2017. (ig, COURT STAFF) (Filed on 1/18/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROBERT HAMMOND, Case No. 16-cv-07209-DMR (PR) Plaintiff, 8 ORDER OF TRANSFER v. 9 10 GLENN COUNTY JAIL,1 Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiff has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 and an application for in forma pauperis status. Dkts. 5, 7. Plaintiff has consented to magistrate judge jurisdiction, and this matter has been assigned to the undersigned Magistrate Judge. Dkts. 4, 6. The acts complained of occurred at the Glenn County Jail, which is located in the Eastern District of California, and it appears that Defendants reside in that district. Venue, therefore, 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 TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk of the Court shall transfer the case forthwith. All pending motions are TERMINATED on this court’s docket as no longer pending in this district. IT IS SO ORDERED. Dated: January 18, 2017 26 27 28 1 ______________________________________ DONNA M. RYU United States Magistrate Judge On January 12, 2017, Plaintiff filed a letter to the court indicating that he did not intend to list “Brian Lerma,” who is a fellow inmate, as a named Defendant in this action. Dkt. 8. Instead, Plaintiff states that “Glenn County Jail” is the only named Defendant. Id. 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ROBERT HAMMOND, Case No. 4:16-cv-07209-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 BRIAN LERMA, Defendant. 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 January 18, 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. 16 17 18 Robert Hammond Glenn County Jail 141 South Lassen St. Willows, CA 95988 19 20 Dated: January 18, 2017 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 27 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 2

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