McGrath v. Weiss

Filing 5

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 Magistrate Judge Donna M. Ryu on 11/17/2020. (ig, COURT STAFF) (Filed on 11/17/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

GERALD A. MCGRATH,

Case No. 20-cv-08019-DMR (PR)

Plaintiff,
6

ORDER OF TRANSFER

v.
7
8

DR. RICHARD CRAIG WEISS,
Defendant.

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20

Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983
and an application for in forma pauperis status. On November 13, 2020, the Clerk of the Court
informed Plaintiff that this action has been assigned to the undersigned Magistrate Judge.1 Dkt. 4.
The acts complained of occurred at Mule Creek State Prison, which is located in the
Eastern District of California, and it appears that Defendant resides 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.2 The
Clerk shall transfer the case forthwith.
Dated: November 17, 2020
______________________________________
DONNA M. RYU
United States Magistrate Judge

21
22
23
24
25
26
27
28

1

To date, Petitioner has not yet returned the form indicating whether he consents to or
declines magistrate judge jurisdiction in this action.
2

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).