Davis v. Lewis et al Doc.

3
Case 3:05-cv-03364-WHA Document 3 Filed 08/23/2005 Page 1 of 1

4 IN THE UNITED STATES DISTRICT COURT

5 FOR THE NORTHERN DISTRICT OF CALIFORNIA

7 DOYLE WAYNE DAVIS, ) No. C 05-3364 WHA (PR)

)
8 Plaintiff, ) ORDER OF TRANSFER
)
9 vs. )
)
10 GAIL LEWIS, et al, )
)
11 Defendants. )
)
12

13 This is a civil rights case brought pro se by a state prisoner. It appears that the

14 complaint duplicates that in 03-cv-06321-OWW-LJO, an Eastern District case which is now

15 closed. It is unclear what plaintiff’s purpose was in refiling the complaint, but it is clear that

16 the case belongs in the Eastern District rather than here, because the acts complained of

17 occurred at Pleasant Valley State Prison, which lies within the venue of the Eastern District of

18 California, and the individual defendants also appears to reside in the Eastern District. See 28

19 U.S.C. § 1391(b). Venue, therefore, properly lies in that district and not in this one.

20 This case is TRANSFERRED to the United States District Court for the Eastern

21 District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the Court will not

22 rule upon Plaintiff's request for leave to proceed in forma pauperis.

23 IT IS SO ORDERED.

24

25 DATED: August 23 , 2005.

26
WILLIAM ALSUP
27 United States District Judge

28 G:\PRO-SE\WHA\CR.05\DAVIS321.TRF

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