Jones v. Donovan et al

Filing 5

ORDER OF TRANSFER. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 12/5/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 12/5/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 KEVIN W. JONES, Plaintiff, 5 6 7 Case No. 17-cv-06765-HSG (PR) ORDER OF TRANSFER v. WARDEN DANIEL PARAMO, et al., Defendants. 8 9 10 Plaintiff, a California inmate incarcerated at the California Medical Facility, has filed a pro United States District Court Northern District of California 11 se civil rights action pursuant to 42 U.S.C. § 1983 and Title II of the Americans with Disabilities 12 Act of 1990, 42 U.S.C.§ 12101 et seq. (ADA). The alleged violations took place while plaintiff 13 was incarcerated at the Richard J. Donovan Correctional Facility (“RJD”). RJD is located in San 14 Diego County, within the venue of the Southern District of California. See 28 U.S.C. § 84(d). No 15 defendant is alleged to reside in, and none of the events or omissions giving rise to the complaint 16 occurred in, the Northern District. Venue therefore is proper in the Southern District, and not in 17 this one. See 28 U.S.C. § 1391(b). 18 Accordingly, in the interests of justice and pursuant to 28 U.S.C. § 1406(a), this action is 19 TRANSFERRED to the United States District Court for the Southern District of California. The 20 Clerk of the Court is directed to transfer the case forthwith. In view of the transfer, the Court will 21 not rule upon plaintiff’s request for leave to proceed in forma pauperis or motion for appointment 22 of counsel. 23 24 IT IS SO ORDERED. Dated: 12/5/2017 25 26 27 28 HAYWOOD S. GILLIAM, JR. United States District Judge

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