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SMITH v. SCRIBNER

United States District Court, N.D. California


May 14, 2004.

BERNARD L. SMITH, Plaintiff,
v.
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.

20040514

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