Filing 5

ORDER TRANSFERRING CASE. Signed by Judge Virginia K. DeMarchi on 11/21/2022. (vkdlc1, COURT STAFF) (Filed on 11/21/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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Case 5:22-cv-07230-VKD Document 5 Filed 11/21/22 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 IN RE SCOT SEQUEIRA, Case No. 22-cv-07230-VKD Plaintiff. ORDER OF TRANSFER 9 10 United States District Court Northern District of California 11 12 13 Scot Sequeira, a state prisoner currently housed at California Health Care Facility 14 (“CHCF”) in Stockton, filed a letter in which he alleges that he is receiving inadequate medical 15 treatment for serious medical conditions. Dkt. No. 1. On November 17, 2022, the Clerk of the 16 Court construed this letter as an attempt to file a civil rights complaint pursuant to 42 U.S.C. 17 § 1983 and directed Mr. Sequeira to file a proper complaint using the appropriate form; a copy of 18 the complaint form was provided to him. Dkt. No. 2. Mr. Sequeira was also directed to file a 19 complete in forma pauperis application in a separate notice. Dkt. No. 3. 20 CHCF is in Stockton, which is in San Joaquin County. Because the acts complained of 21 appear to have occurred in San Joaquin County, which lies within the venue of the Eastern District 22 of California, see 28 U.S.C. § 84(b), venue properly lies in that district and not in this one. See 28 23 U.S.C. § 1391(b). This Court has discretion to either dismiss the case for incorrect venue or 24 transfer it to the proper federal court “in the interest of justice.” See 28 U.S.C. § 1406(a). The 25 Court concludes that the interests of justice are best served by the immediate transfer of this action 26 to the United States District Court for the Eastern District of California. 27 28 Accordingly, the Court orders that this action shall be transferred. The Clerk of the Court shall transfer the entire file to the Eastern District of California. Case 5:22-cv-07230-VKD Document 5 Filed 11/21/22 Page 2 of 2 1 2 IT IS SO ORDERED. Dated: November 21, 2022 3 4 VIRGINIA K. DEMARCHI United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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