Espinoza
Filing
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ORDER TRANSFERRING CASE. Signed by Judge Yvonne Gonzalez Rogers on 8/21/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/21/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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In re ADAM REY ESPINOZA,
No. C 12-04090 YGR (PR)
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ORDER OF TRANSFER
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United States District Court
For the Northern District of California
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This action was opened on August 3, 2012, when the Court received from Inmate Adam Rey
Espinoza a letter to the Honorable Thelton E. Henderson that concerned prison conditions. On that
date, the Clerk of the Court notified Plaintiff in writing that his action was deficient in that he had
not submitted his complaint on a proper complaint form and had not submitted an in forma pauperis
application. The Court further notified him that this action would be dismissed he if did not submit
a complaint on the proper form and a completed in forma pauperis application within thirty days.
Further review of Plaintiff's case reveals that, in addition to failing to submit the proper
documents, he has also initiated his civil action in the wrong judicial district. Plaintiff's letter states
that he is currently incarcerated at the California Men's Colony ("CMC") in San Luis Obispo,
California. He complains that "over-crowding" at CMC led to the denial of his request to be "single
cell[ed]" and has affected his emotional, mental, and physical well-being. (Aug. 3, 2012 Letter at 1.)
CMC is located in the Western Division of the Central District of California, and it appears
that Defendants reside in that district. Venue, therefore, properly lies in that district and not in this
one. See 28 U.S.C. § 1391(b).
Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is
TRANSFERRED to the Western Division of the United States District Court for the Central District
of California. The Clerk of the Court shall transfer the case forthwith.
If he wishes to further pursue this action, Plaintiff must complete the complaint form and in
forma pauperis application required by the Western Division of the United States District Court for
the Central District of California and mail them to that district.
IT IS SO ORDERED.
DATED:
August 21, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE\
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