(PC) Davis v. California Department of Corrections and Rehabilitation ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 AARON DAVIS, Case No. 21-cv-08491-PJH Plaintiff, 7 ORDER OF TRANSFER v. 8 Re: Dkt. No. 3 9 CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 10 Defendants. 11 This is a civil rights case brought pro se by a state prisoner. Plaintiff alleges he 12 was the victim of excessive force by correctional officers. The acts complained of 13 occurred at North Kern State Prison which lies within the venue of the United States 14 District Court for the Eastern District of California. Venue, therefore, properly lies in that 15 district and not in this one. See 28 U.S.C. § 1391(b).1 16 This case is TRANSFERRED to the United States District Court for the Eastern 17 District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the court will not 18 rule upon plaintiff's motion to proceed in forma pauperis (Docket No. 3) which is 19 VACATED. 20 IT IS SO ORDERED. 21 Dated: December 14, 2021 22 23 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 24 United States District Judge 25 26 1 To the extent plaintiff still seeks to proceed with a claim pursuant to Scholl v. Mnuchin, 27 494 F. Supp. 3d 661 (N.D. Cal. 2020), any such claim is dismissed. That case is closed,