Cofield v. Unknown

Filing 6

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 12/14/12. (jjoS, COURT STAFF) (Filed on 12/19/2012) [Transferred from cand on 12/20/2012.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VINCENT C. COFIELD,
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Plaintiff,
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v.
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DOES, et al.,
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Defendants.
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__________________________________ )

No. C 12-5002 JSW (PR)
ORDER OF TRANSFER

(Docket No. 5)

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On September 25, 2012, Plaintiff, a California prisoner incarcerated at the High

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Desert State Prison (“HDSP”), filed a letter complaining about the medical care he is

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receiving there and other actions by prison officials. Because the letter was not in the

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form of a complaint, the Clerk notified Plaintiff that he must either file a complaint or the

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case would be dismissed without prejudice. Plaintiff responded to the notice with

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another letter dated November 5, 2012, indicating that his previous letter was in fact a

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complaint. So construed, this case is TRANSFERRED to the court where venue is

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proper.

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When, as here, jurisdiction is not founded solely on diversity, venue is proper in

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the district in which (1) any defendant resides, if all of the defendants reside in the same

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state, (2) the district in which a substantial part of the events or omissions giving rise to

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the claim occurred, or a substantial part of property that is the subject of the action is

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situated, or (3) a judicial district in which any defendant may be found, if there is no

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district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). Where a

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case is filed in the wrong venue, the district court has the discretion either to dismiss the

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case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. §

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1406(a). Venue may be raised by the court sua sponte where the defendant has not yet

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filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790

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F.2d 1486, 1488 (9th Cir. 1986).

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Plaintiff’s allegations concern events at HDSP and actions by officials located

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there. HDSP is located within the venue of the United States District Court for the

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Eastern District of California. Accordingly, IT IS ORDERED in the interest of justice,

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and pursuant to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United

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States District Court for the Eastern District of California. Ruling on Plaintiff’s motion

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for leave to proceed in forma pauperis (Dkt. No. 5) is deferred to the Eastern District.

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The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.

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DATED: December 14, 2012

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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VINCENT E COFIELD,

Case Number: CV12-05002 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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HIGH DESERT STATE PRISON et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on December 19, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Vincent E. Cofield G31012
High Desert State Prison
P.O. Box 3030
Susanville, CA 96127
Dated: December 19, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk