Opinion
21-cv-05352-DMR (PR)
09-10-2021
DENNIS THOMAS, Plaintiff, v. CORRECTIONAL OFFICER HERNADZ, et al., Defendants.
ORDER OF TRANSFER
DONNA M. RYU United States Magistrate Judge
Plaintiff, a state prisoner, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. This case has been assigned to the undersigned Magistrate Judge. Dkt. 2. Plaintiff has not filed a completed in forma pauperis application.
To date, Plaintiff has not yet returned the form indicating whether he consents to or declines magistrate judge jurisdiction in this action.
The acts complained of occurred at High Desert State Prison in Susanville, California, which is located in the Eastern 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 Eastern District of the United States District Court of California. The Clerk of the Court shall transfer the case forthwith.
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).
IT IS SO ORDERED.