Checketts v. People of the State of Calfornia

Filing 10

ORDER TRANSFERRING CASE. 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 Clerk shall terminate any pending motions and transfer the entire file to the Eastern District of California. Signed by Judge Edward J. Davila on 2/2/2012. (ecg, COURT STAFF) (Filed on 2/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-03664 EJD (PR)

PAUL CHECKETTS,
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)
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Plaintiff,
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vs.
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PEOPLE OF THE STATE OF CA, et al., )
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Defendants.
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)

ORDER OF TRANSFER

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Plaintiff, a state prisoner proceeding pro se, initiated the instant civil rights action

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by filing a “petition for replevin” against the Mule Creek State Prison in Ione, California,

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which lies within Amador County. At the direction of the Court, Plaintiff later filed a

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complaint in which he challenges the prison’s handling of his trust account. (Docket No.

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4.) Because the acts complained of occurred in Amador County, which lies within the

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venue of the Eastern District of California, venue properly lies in that district and not in

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this one. See 28 U.S.C. § 1391(b). Accordingly, this case is TRANSFERRED to the

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United States District Court for the Eastern District of California. See 28 U.S. C. §

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1406(a). The Clerk shall terminate any pending motions and transfer the entire file to the

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Eastern District of California.

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DATED:

February 2, 2012

EDWARD J. DAVILA
United States District Judge

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Order of Transfer
G:\PRO-SE\SJ.EJD\CR.11\03664Checketts_transfer.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

PAUL CHECKETTS,

Case Number: CV11-03664 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
PEOPLE OF STATE OF CA, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
2/3/2012
That on
, I SERVED a true and correct copy(ies) of the
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.

Paul Checketts P-05035
Mule Creek State Prison
P.O. Box 409000
Ione, CA 95640
2/3/2012
Dated:
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk