Scherffius v. Smith et al

Filing 5

ORDER OF TRANSFER. Accordingly, this case is TRANSFERRED to the United StatesDistrict 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. Motions terminated: 2 MOTION for Leave to Proceed in forma pauperis filed by Michael E. Scherffius. Signed by Judge Edward J. Davila on 6/24/2013. (ecg, COURT STAFF) (Filed on 6/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL E. SCHERFFIUS,
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Plaintiff,
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v.
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CHRISTOPHER SMITH, et al.,
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Defendants.
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) No. C 13-01850 EJD (PR)
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) ORDER OF TRANSFER
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Plaintiff, a state prisoner proceeding pro se, filed a complaint pursuant to 42

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U.S.C. § 1983 against Mule Creek State Prison officials. Plaintiff claims that Defendants

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denied him adequate medical care in violation of his Eighth Amendment rights. Because

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the acts complained of occurred in Amador County, which lies within the venue of the

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Eastern District of California, venue properly lies in that district and not in this one. See

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

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District Court for the Eastern District of California. See 28 U.S. C. § 1406(a). The Clerk

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shall terminate all pending motions and transfer the entire file to the Eastern District of

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California.

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DATED:

6/24/2013

EDWARD J. DAVILA
United States District Judge

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Order of Transfer
G:\PRO-SE\EJD\CR.13\01850Scherffius_transfer.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MICHAEL E. SCHERFFIUS,

Case Number CV 13-01850 EJD (PR)

Plaintiff,
CERTIFICATE OF SERVICE
v.
CHRISTOPHER SMITH, 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.
6/25/2013
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) inter-office delivery receptacle located in the Clerk's office.

Michael E. Scherffius
V-96171
Valley State prison
P. O. Box 96
Chowchilla, CA 93610

6/25/2013
DATED: ________________________

Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk