Cole v. Guillen et al

Northern District of California, cand-4:2015-cv-03017

ORDER TRANSFERRING CASE. Signed by Magistrate Judge Donna M. Ryu on 7/24/15.

Interested in this case?

Current View

Full Text

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ODDIS VERMONT COLE, 7 Case No. 15-cv-03017-DMR (PR) Plaintiff, 8 v. ORDER OF TRANSFER 9 F. GUILLEN, et al., 10 Defendants. 11 12 Plaintiff, a state prisoner currently incarcerated at California State Prison - Solano ("CSP- Northern District of California United States District Court 13 Solano"), has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has 14 consented to magistrate judge jurisdiction, and this matter has been assigned to the undersigned 15 Magistrate Judge. Dkt. 1 at 4. Plaintiff has also filed an application for in forma pauperis status. 16 Dkt. 2. 17 The acts complained of occurred at CSP-Solano, which is located in the Eastern District of 18 California, and it appears that Defendants reside in that district. Venue, therefore, properly lies in 19 that district and not in this one. See 28 U.S.C. § 1391(b). 20 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 21 TRANSFERRED to the United States District Court for the Eastern District of California. The 22 Clerk of the Court shall transfer the case forthwith. 23 All pending motions are TERMINATED on this court's docket as no longer pending in 24 this district. 25 IT IS SO ORDERED. 26 Dated: July 24, 2015 ______________________________________ DONNA M. RYU 27 United States Magistrate Judge 28 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ODDIS VERMONT COLE, 4 Case No. 4:15-cv-03017-DMR Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 F. GUILLEN, et al., 7 Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 12 Northern District of California That on July 24, 2015, I SERVED a true and correct copy(ies) of the Order of Transfer, by United States District Court 13 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 15 receptacle located in the Clerk's office. 16 17 Oddis Vermont Cole K43562 18 California State Prison Solano PO Box 4000 19 Vacaville, CA 95696 20 21 Dated: July 24, 2015 22 Richard W. Wieking 23 Clerk, United States District Court 24 25 26 By:________________________ 27 Ivy Lerma Garcia, Deputy Clerk to the Honorable DONNA M. RYU 28 2