Demos v. State of Washington et al

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 03/02/17 ordering CASE TRANSFERRED to the United States District Court for the Eastern District of Washington. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ROBERT DEMOS, JR.,

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Plaintiff,

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No. 2:17-cv-0358 AC P

v.

ORDER

STATE OF WASHINGTON, et al.,

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Defendants.

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Plaintiff, a Washington state prisoner1 proceeding pro se, has filed an action in this court,

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together with a request to proceed in forma pauperis. Although not entirely clear, it appears that

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plaintiff is attempting to challenge his conditions of confinement. Therefore, this action should

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have been filed in the United States District Court for the Eastern District of Washington. In the

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interests of justice, a federal court may transfer a complaint filed in the wrong district to the

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correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

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1974).

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Review of the “Inmate Search” website operated by the Washington State Department of
Corrections confirms plaintiff’s incarceration in the Washington State Penitentiary, in Walla
Walla. See http://www.doc.wa.gov/information/inmate-search/; see also Fed. R. Evid. 201 (court
may take judicial notice of facts that are capable of accurate determination by sources whose
accuracy cannot reasonably be questioned).
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Eastern District of Washington.

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DATED: March 2, 2017

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