Kabede v. Pleasant Valley State Prison Warden, et al.

Filing 28

ORDER Denying Plaintiff's 26 Motion to Transfer Original Prisoner Grievance signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2015. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WONDIYRAD KABEDE,

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Plaintiff,
v.
PLEASANT VALLEY STATE PRISON
WARDEN, et al.,
Defendants.

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1:15-cv-00635-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO TRANSFER ORIGINAL PRISONER
GRIEVANCE
(ECF No. 26)

Plaintiff Wondiyrad Kabede (“Plaintiff”) is state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. Plaintiff originally filed this case in the United States

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District Court for the Northern District of California, San Francisco Division (“NDCA Court”).

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On April 23, 2015, the case was transferred to this Court, and a new case number was assigned.

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(ECF No. 13.)

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On November 5, 2015, Plaintiff filed a motion under his old case number in the United

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States District Court for the Northern District of California, San Francisco Division (“NDCA

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Court”) and in this Court under the current case number. (ECF No. 26.) In the motion, titled

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“Request to Transfer Original Prisoner Grievance Essential Element of This Case to Eastern

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District Fresno Court,” Plaintiff explains that he sent an original grievance document to the

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NDCA Court, and he wishes for it to be returned to him, or if it was transferred to this Court, he

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would like to be notified. This Court has no such original document, and therefore Plaintiff’s

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motion to have that document returned to him is denied.
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As explained to Plaintiff in the First Informational Order issued on April 24, 2015, the

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Court will not serve as a respository for evidence. Evidence need not be submitted with the

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Court until it becomes necessary to do so in connection with a motion for summary judgment,

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trial or the Court requests otherwise. Further, a pro se plaintiff need not attach exhibits to his

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complaint to prove the truth of what is said in the complaint.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to transfer original
prisoner grievance (ECF No. 26) is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 25, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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