Drake v. Kernan et al

Filing 6

ORDER TRANSFERRING CASE TO US DISTRICT COURT FOR EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Yvonne Gonzalez Rogers on 11/6/2017. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/6/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SAM DRAKE, Case No. 17-cv-05732-YGR (PR) Plaintiff, 8 ORDER OF TRANSFER v. 9 10 SCOTT KERNAN, et al., Defendants. United States District Court Northern District of California 11 12 Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983 13 and an application for in forma pauperis status. The acts complained of occurred at California 14 State Prison - Corcoran, which is located in the Eastern District of California, and it appears that 15 Defendants reside in that district. Venue, therefore, properly lies in that district and not in this 16 one. See 28 U.S.C. § 1391(b). 17 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 18 TRANSFERRED to the United States District Court for the Eastern District of California. The 19 Clerk of the Court shall transfer the case forthwith. All pending motions are TERMINATED on 20 this Court’s docket as no longer pending in this district. 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: November 6, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge

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