Mattox v. Unknown

Filing 5

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 11/29/12. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 11/30/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN MATTOX,

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Plaintiff,
v.

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UNIDENTIFIED,
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Defendant.
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No. C 12-5189 LHK (PR)
ORDER OF TRANSFER

On October 5, 2012, Plaintiff, a California state prisoner, filed a letter with the Court,

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which initiated these proceedings. (Docket No. 1.) On November 1, 2012, Plaintiff filed another

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letter indicating that the original letter sent to the Court was not meant to be filed as a new

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complaint. (Docket No. 4.) In his letter, Plaintiff indicates that he has a current federal civil

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rights case, Mattox v. Castrol, et al., No. 10-1641 LJO GSA, pending in the Eastern District of

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California.

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Where a case is filed in the wrong venue, the district court has the discretion either to

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dismiss the case or transfer it to the proper federal court “in the interest of justice.” See 28

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U.S.C. § 1406(a). It is unclear whether Plaintiff intended to also file his October 5, 2012 letter in

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his case in the Eastern District. Accordingly, in the interest of justice, rather than dismiss this

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case without prejudice, this case is TRANSFERRED to the United States District Court for the

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Eastern District of California. See 28 U.S.C. § 1406(a).
Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.12\Mattox189trans.wpd

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The Clerk shall terminate all pending motions and transfer the entire file to the Eastern

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District of California. The Clerk is also directed to send an electronic copy of Plaintiff’s original

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letter (Docket No. 1), and a copy of this order to the courtroom deputy of Judge Thelton

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Henderson.

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IT IS SO ORDERED.
DATED:

11/29/12
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\CR.12\Mattox189trans.wpd

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