Johnson v. Smith et al

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 3/9/10. (dlm, COURT STAFF) (Filed on 3/18/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Transfer P:\PRO-SE\SJ.JF\CR.09\Johnson05533_transfer.wpd NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SHERMAN JOHNSON, JR., Plaintiff, vs. LAURANCE SMITH, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 09-05533 JF (PR) ORDER OF TRANSFER (Docket No. 2) Plaintiff, a state prisoner proceeding pro se, filed the instant civil rights action pursuant to 42 U.S.C. 1983 concerning the conditions of his confinement at the Deuel Vocational Institution. Because the acts complained of occurred in San Joaquin County and the Defendants are located in Sacramento and San Joaquin Counties, which lie within the venue of the Eastern District of California, venue properly lies in that district and not in this one. See 28 U.S.C. 1391(b). Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S. C. 1406(a). The Court will defer to the Eastern District on Plaintiff's motion to proceed in forma pauperis. (Docket No. 2.) The Clerk shall terminate any pending motions and transfer the entire file to the Eastern District of California. IT IS SO ORDERED. DATED: 3/9/10 JEREMY FOGEL United States District Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SHERMAN JOHNSON JR, Plaintiff, v. LAURANCE SMITH, et al., Defendants. / Case Number: CV09-05533 JF CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 3/18/10 , I SERVED a true and correct copy(ies) of the That on 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. Sherman Johnson F-63133 Deuel Vocational Institution P.O. Box 600 DVI-J-Wing #116 Tracy, CA 95378 Dated: 3/18/10 Richard W. Wieking, Clerk

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