United States District Court, N.D. California
May 14, 2004.
BERNARD L. SMITH, Plaintiff,
A.K. SCRIBNER, warden, Defendant
The opinion of the court was delivered by: SUSAN ILLSTON, District Judge
ORDER OF TRANSFER
Bernard L. Smith filed this prose civil rights action under
42 U.S.C. § 1983, complaining of acts and omissions at the
California State Prison Corcoran, which is in Kings County.
Kings County is within the venue of the Eastern District of California.
Defendant, the warden of the prison, also apparently resides in the
Eastern District of California. 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 United States
District Court for the Eastern District of California. The Clerk shall
transfer this matter.
IT IS SO ORDERED.
© 1992-2004 VersusLaw Inc.