(PC)Simmons v. Wuerth et al

Filing 26

ORDER DENYING 24 Motion for Transfer of this Action to the United States Court of Federal Claims signed by Magistrate Judge Stanley A. Boone on 05/28/2020. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELVIN JOSEPH SIMMONS,

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ORDER DENYING PLAINTIFF’S MOTION
FOR TRANSFER OF THIS ACTION TO
THE UNITED STATES COURT OF
FEDERAL CLAIMS

Plaintiff,

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Case No. 1:19-cv-01107-DAD-SAB (PC)

v.
J. WUERTH, et al.,

(ECF No. 25)

Defendants.

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Melvin Joseph Simmons (“Plaintiff”), a state prisoner appearing pro se, filed this civil

18 rights action pursuant to 42 U.S.C. § 1983 on July 18, 2019 in the Sacramento Division of the
19 Eastern District of California. (ECF No. 1.) On August 14, 2019, the matter was transferred to
20 the Fresno Division of the Eastern District of California. (ECF No. 5.) On August 15, 2019,
21 Plaintiff was ordered to submit an application to proceed in forma pauperis in this action or pay
22 the filing fee within forty-five days. (ECF No. 8.)
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On September 3, 2019, Plaintiff submitted an incomplete application to proceed in forma

24 pauperis which was denied because it showed that he had the ability to pay the filing fee and he
25 was found to have incurred three or more strikes under section 1915(g) of Title 28 of the United
26 States Code prior to filing this lawsuit. (ECF Nos. 14, 20.) Plaintiff was ordered to pay the
27 filing fee within twenty-one days of April 2, 2020. (EF No. 20.) On April 27, 2020, Plaintiff
28 filed objections to the order adopting the findings and recommendations. (ECF No. 21.) On

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1 Mary 6, 2020, this action was dismissed for Plaintiff’s failure to pay the filing fee and judgment
2 was entered. (EF Nos. 22, 23.)
Currently before the Court is Plaintiff’s motion to transfer this action to the United States

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4 Court of Federal Claims, filed on May 27, 2020. (ECF No. 24.) Since this matter has been
5 dismissed and judgment was entered due to Plaintiff’s failure to pay the filing fee, there is no
6 pending action to transfer. See e.g., Robison v. Weingart Transitional Ctr. Ass’n, No. 2:18-CV7 07067-VAP KES, 2019 WL 3000655, at *4 (C.D. Cal. Mar. 27, 2019) (“after entry of judgment,
8 there is no pending action for Plaintiff to voluntarily dismiss”). Accordingly, Plaintiff’s motion
9 to transfer this action to the United States Court of Federal Claims is HEREBY DENIED.
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IT IS SO ORDERED.

12 Dated:

May 28, 2020
UNITED STATES MAGISTRATE JUDGE

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