Everett v. Patterson et al

Filing 4

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 Judge Magistrate Judge Donna M. Ryu on 4/25/18. (ig, COURT STAFF) (Filed on 4/25/2018)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 RICHARD C. EVERETT, Case No. 18-cv-02384-DMR (PR) Plaintiff, ORDER OF TRANSFER 11 United States District Court Northern District of California v. 12 13 DR. PATTERSON, Defendant. 14 15 16 17 On April 20, 2018, Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. 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 an in forma pauperis (“IFP”) application. Dkt. 2. The Clerk 19 further notified him that this action would be dismissed if he did not submit a completed IFP 20 application within twenty-eight days. See id. In addition, the Clerk notified Plaintiff in writing 21 that this matter has been assigned to the undersigned Magistrate Judge. Dkt. 3. To date, Plaintiff 22 has neither filed a completed IFP application nor provided his consent to magistrate judge 23 jurisdiction. 24 The acts complained of occurred at California State Prison - Sacramento, which is located 25 in the Eastern District of California, and it appears that Defendant resides in that district. Venue, 26 therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). 27 28 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 1 TRANSFERRED to the United States District Court for the Eastern District of California.1 The 2 Clerk shall transfer the case forthwith. 3 If Plaintiff wishes to further pursue this action, he must complete the IFP application 4 required by the United States District Court for the Eastern District of California and mail it to that 5 district. All remaining motions are TERMINATED on this court’s docket as no longer pending in 6 7 this district. IT IS SO ORDERED. 8 9 Dated: April 25, 2018 ______________________________________ DONNA M. RYU United States Magistrate Judge 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 RICHARD C. EVERETT, Case No. 4:18-cv-02384-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 PATTERSON, 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 April 25, 2018, 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 19 Richard C. Everett ID: AF5392 P.O. Box 290066 Represa, CA 95671 Dated: April 25, 2018 20 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 27 28 3

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