Williams v. CDCR et al

Filing 5

ORDER TRANSFERRING CASE: This action is TRANSFERRED to the United States District Court for the Southern District of California. The Clerk of the Court shall transfer the case forthwith. Signed by Chief Magistrate Judge Donna M. Ryu on 5/9/2024. (ig, COURT STAFF) (Filed on 5/9/2024)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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN W. WILLIAMS,

Case No. 24-cv-01856-DMR (PR)

Plaintiff,
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ORDER OF TRANSFER

v.
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CDCR, et al.,
Defendants.

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Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C.

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§ 1983. Dkt. 1. Plaintiff has not filed a completed in forma pauperis application. Dkt. 2.
Plaintiff’s claims occurred at the R.J. Donovan Correctional Facility in San Diego,

United States District Court
Northern District of California

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California. Thus, the acts complained of occurred in San Diego County, which lies within the

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venue of the Southern District of California, and it appears that Defendants reside in that district.

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Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is

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TRANSFERRED to the United States District Court for the Southern District of California.1 The

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Clerk of the Court shall transfer the case forthwith.

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If Plaintiff wishes to further pursue this action, he must complete the in forma pauperis

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application required by the United States District Court for the Southern District of California and

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mail it to that district.

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All pending motions are TERMINATED on this court’s docket as no longer pending in
this district.
IT IS SO ORDERED.
Dated: May 9, 2024
______________________________________
DONNA M. RYU
Chief Magistrate Judge

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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).