Robinson v. Scottini

Filing 6

ORDER TRANSFERRING CASE: This action is TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk of the Court shall transfer the case forthwith. Signed by Magistrate Judge Donna M. Ryu on 9/16/2022. (ig, COURT STAFF) (Filed on 9/16/2022)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 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JAVAUGHN K. ROBINSON, Case No. 22-cv-05102-DMR (PR) Plaintiff, 10 ORDER OF TRANSFER v. United States District Court Northern District of California 11 12 CORRECTIONAL OFFICER SCOTTINI, Defendant. 13 14 15 16 17 18 Plaintiff, a state prisoner and transgender female-identified inmate currently incarcerated at the California Medical Facility, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. This case has been assigned to the undersigned Magistrate Judge. Dkt. 5. Plaintiff has filed an incomplete in forma pauperis application. Dkt. 2. The acts complained of occurred at the California State Prison-Sacramento (where she was 19 previously incarcerated), which is located in the Eastern District of California, and it appears that 20 defendant resides in that district. Venue, therefore, properly lies in that district and not in this one. 21 See 28 U.S.C. §1391(b). 22 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 23 TRANSFERRED to the United States District Court for the Eastern District of California.1 The 24 Clerk of the Court shall transfer the case forthwith. 25 26 If plaintiff wishes to further pursue this action, she must complete the in forma pauperis application required by the United States District Court for the Eastern District of California and 27 28 1 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 3 4 5 mail it to that district. IT IS SO ORDERED. Dated: September 16, 2022 ______________________________________ DONNA M. RYU United States Magistrate Judge 6 7 8 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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