Lee v. Swingle et al
Filing
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ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 8/22/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 8/23/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GEORGE LEE, E-15396,
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Plaintiff(s),
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vs.
D. SWINGLE, et al.,
Defendant(s).
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No. C 12-3069 CRB (PR)
ORDER OF TRANSFER
(Docket # 6)
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Plaintiff, a state prisoner recently transferred from High Desert State Prison
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(HDSP) to Salinas Valley State Prison (SVSP), has filed a pro se prisoner complaint
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under 42 U.S.C. § 1983 alleging that HDSP officials were deliberately indifferent to his
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medical needs and transferred him to SVSP in retaliation for filing grievances. He also
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more recently filed a motion for relief from limited access to the SVSP law library.
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A substantial part of the events or omissions giving rise to the claims in the
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complaint occurred, and the defendants named in the complaint reside, in the County of
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Lassen, which lies within the venue of the Eastern District of California. See 28 U.S.C.
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§ 84(b). Venue therefore properly lies in the Eastern District. See id. § 1391(b).
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Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28
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U.S.C. § 1406(a), this action be TRANSFERRED to the United States District Court for
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the Eastern District of California. Plaintiff's motion (docket # 6) for relief from limited
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access to the SVSP law library is denied without prejudice to renewing in the Eastern
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District or bringing in a separate prisoner action for denial of access to the courts in this
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district.
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The clerk shall transfer this matter and terminate all pending motions as moot.
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SO ORDERED.
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DATED: Aug. 22, 2012
CHARLES R. BREYER
United States District Judge
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G:\PRO-SE\CRB\CR.12\Lee, G.12-3069.transfer.wpd
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