Dixon v. Valley State Prison et al

Filing 8

ORDER TRANSFERRING CASE: This action is transferred to the United States District Court for the Eastern District of California. Motions terminated: 7 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Donna M. Ryu on 2/4/15. (Attachments: # 1 Certificate/Proof of Service)(ig, COURT STAFF) (Filed on 2/4/2015) [Transferred from cand on 2/5/2015.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER OF TRANSFER

Plaintiff,

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No. C 15-00096 DMR (PR)

ARTHUR DIXON,

v.
VALLEY STATE PRISON CUSTODY AND
MEDICAL STAFF, et al.,
Defendants.

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This action was opened on January 8, 2015, when the Court received from Inmate Arthur
Dixon a letter to the Honorable Thelton E. Henderson that concerned prison conditions.
On the same date, the Clerk of the Court notified Plaintiff in writing that his action was

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deficient in that he had not submitted his complaint on a proper complaint form and had not

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submitted an in forma pauperis application. The Clerk further notified him that this action would be

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dismissed if he did not submit a complaint on the proper form and a completed in forma pauperis

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application within twenty-eight days. In addition, the Clerk also notified Plaintiff in writing that this

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matter has been assigned to the undersigned Magistrate Judge.

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On January 28, 2015, Plaintiff filed his completed pro se civil rights complaint pursuant to

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42 U.S.C. § 1983. Plaintiff also submitted an incomplete in forma pauperis application. Finally,

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Plaintiff has consented to magistrate judge jurisdiction.

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The acts complained of occurred at Valley State Prison, which is located in the Eastern

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District of California, and it appears that Defendants reside in that district. Venue, therefore,

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properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is

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TRANSFERRED to the United States District Court for the Eastern District of California.1 The

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Clerk shall transfer the case forthwith.

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If Plaintiff wishes to further pursue this action, he must complete the in forma pauperis

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application required by the United States District Court for the Eastern District of California and

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mail them to that district.

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United States District Court
For the Northern District of California

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All remaining motions are TERMINATED on this Court’s docket as no longer pending in
this district.
IT IS SO ORDERED.
Dated: February 4, 2015

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DONNA M. RYU
United States Magistrate Judge

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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).
P:\PRO-SE\DMR\HC 15\Dixon0096.transfer.wpd

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