Davis v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AARON DAVIS, Case No. 21-cv-08491-PJH Plaintiff,

ORDER OF TRANSFER v.

Re: Dkt. No. 3

CALIFORNIA DEPARTMENT OF

CORRECTIONS, et al.,

Defendants.

This is a civil rights case brought pro se by a state prisoner. Plaintiff alleges he was the victim of excessive force by correctional officers. The acts complained of occurred at North Kern State Prison which lies within the venue of the United States District Court for the Eastern District of California. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).1

This case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the court will not rule upon plaintiff's motion to proceed in forma pauperis (Docket No. 3) which is VACATED.

IT IS SO ORDERED.

Dated: December 14, 2021 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON United States District Judge

1 To the extent plaintiff still seeks to proceed with a claim pursuant to Scholl v. Mnuchin, 494 F. Supp. 3d 661 (N.D. Cal. 2020), any such claim is dismissed. That case is closed,