Filing 5

ORDER TRANSFERRING CASE: This action is TRANSFERRED to the Eastern District of California. The Clerk shall transfer the case forthwith. Signed by Magistrate Judge Donna M. Ryu on 1/11/2022. (ig, COURT STAFF) (Filed on 1/11/2022)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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 In re ED DWAYNE SMITH, Case No. 22-cv-00103-DMR (PR) 8 ORDER OF TRANSFER 9 10 United States District Court Northern District of California 11 12 This action was opened on January 7, 2022, when the court received a letter from Plaintiff, 13 who is in custody at the California Medical Facility (“CMF”) located in Solano County. Dkt. 1. 14 On the same date, the Clerk of the Court notified Plaintiff in writing that his action was deficient 15 in that he had not submitted his complaint on a proper complaint form and had not submitted an in 16 forma pauperis application. Dkts. 2, 3. In addition, the Clerk notified Plaintiff in writing that this 17 matter has been assigned to the undersigned Magistrate Judge. Dkt. 4.1 18 19 20 21 Further review of Plaintiff’s case reveals that, in addition to failing to submit the proper documents, he has also initiated his civil action in the wrong judicial district. Plaintiff complains about constitutional violations by prison staff at CMF. See Dkt. 1. Thus, the acts he complains about occurred in CMF, 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 22 one. See 28 U.S.C. § 1391(b). 23 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 24 TRANSFERRED to the Eastern District of California.2 The Clerk shall transfer the case 25 26 27 28 1 To date, Plaintiff 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). 1 2 forthwith. If Plaintiff wishes to further pursue this action, he must complete the complaint form and 3 in forma pauperis application required by the United States District Court for the Eastern District 4 of California and mail them to that district. 5 6 7 8 IT IS SO ORDERED. Dated: January 11, 2022 ______________________________________ DONNA M. RYU United States Magistrate Judge 9 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 28 2

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