Morales v. Cribbs et al

Filing 4

ORDER OF TRANSFER. Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Signed by Judge Edward J. Davila on 4/22/2013. (ecg, COURT STAFF) (Filed on 4/23/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 JOSE LUIS MORALES, 11 Plaintiff, 12 v. 13 CRIBBS, et al., 14 Defendants. 15 ) No. C 13-01075 EJD (PR) ) ) ORDER OF TRANSFER ) ) ) ) ) ) ) 16 17 Plaintiff, a state prisoner proceeding pro se, filed a complaint pursuant to 42 18 U.S.C. § 1983 against Kern Valley State Prison officials. Plaintiff claims that Defendants 19 are retaliating against him for exercising his right to file inmate grievances, violating his 20 First Amendment rights. Because the acts complained of occurred in Kern County, which 21 lies within the venue of the Eastern District of California, venue properly lies in that 22 district and not in this one. See 28 U.S.C. § 1391(b). Accordingly, this case is 23 TRANSFERRED to the United States District Court for the Eastern District of California. 24 See 28 U.S. C. § 1406(a). The Clerk shall terminate all pending motions and transfer the 25 entire file to the Eastern District of California. 26 27 DATED: 4/22/2013 EDWARD J. DAVILA United States District Judge 28 Order of Transfer 01075Morales_transfer.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE LUIS MORALES, Case Number: CV13-01075 EJD Plaintiff, CERTIFICATE OF SERVICE v. KAREN CRIBBS, 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. 4/23/2013 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. Jose Luis Morales P-63392 Kern Valley State Prison P. O. Box 5104 Delano, CA 93216 Dated: 4/23/2013 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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