Cole v. Guillen et al

Northern District of California, cand-4:2015-cv-03436

ORDER TRANSFERRING CASE: This action is transferred to the United States District Court for the Eastern District of California. Signed by Magistrate Judge Donna M. Ryu on 10/2/15.

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 ODDIS VERMONT COLE, 6 Case No. 15-cv-03436-DMR (PR) Plaintiff, 7 ORDER OF TRANSFER v. 8 F. GUILLEN, et al., 9 Defendants. 10 11 On July 27, 2015, Plaintiff, a state prisoner, filed a pro se civil rights action pursuant to 42 12 U.S.C. § 1983. Dkt. 1. Plaintiff has also submitted an in forma pauperis application. Dkt. 2. Northern District of California United States District Court 13 Plaintiff has consented to magistrate judge jurisdiction in this action. Dkt. 1 at 4. 14 A review of Plaintiff's case reveals that he has initiated his civil action in the wrong 15 judicial district. The acts complained of occurred at California State Prison - Solano, which is 16 located in the Eastern District of California, and it appears that Defendants reside in that district. 17 Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). 18 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 19 TRANSFERRED to the United States District Court for the Eastern District of California.1 The 20 Clerk shall transfer the case forthwith. 21 Any remaining motions are TERMINATED on this Court's docket as no longer pending in 22 this district. Dkt. 2. 23 IT IS SO ORDERED. 24 Dated: October 2, 2015 25 ______________________________________ DONNA M. RYU 26 United States Magistrate Judge 27 1 28 Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A). 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ODDIS VERMONT COLE, 4 Case No. 4:15-cv-03436-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 October 2, 2015, I SERVED a true and correct copy(ies) of the Order of Transfer, United States District Court 13 by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, 14 by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office 15 delivery 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 Dated: October 2, 2015 21 22 Susan Y. Soong Clerk, United States District Court 23 24 25 26 By:________________________ Ivy Lerma Garcia, Deputy Clerk to the 27 Honorable DONNA M. RYU 28 2