Wallace v. Department of Corrections-Tehachapi

Filing 5

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 11/2/11. (jjoS, COURT STAFF) (Filed on 11/2/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JEROME WALLACE,
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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS,

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Defendant.
__________________________________

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No. C 11-4919 JSW (PR)
ORDER OF DISMISSAL

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This case was opened when Plaintiff, a California prisoner currently incarcerated

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in Tehachapi, California, filed a document consisting prison administrative appeals in

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which he complained of actions taken by prison officials there. He then wrote a letter to

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the Court stating that the document was inadvertently filed because his claims are

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“immature”, unexhausted, and are not properly filed in this Court. Plaintiff is correct

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that claims arising out of events taking place at Tehachapi or actions by officials located

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there are not properly filed in the Northern District of California, but rather the Eastern

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District because that is where Tehachapi is located. See 28 U.S.C. §§ 84, 1391(b). As a

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consequence, and because Plaintiff indicates that his claims are not yet exhausted, this

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action is DISMISSED without prejudice to Plaintiff filing his claims, once they are ripe

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and exhausted, in the United States District Court for the Eastern District of California.

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The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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DATED: November 2, 2011

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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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WALLACE,

Case Number: CV11-04919 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS,
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 November 2, 2011, 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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Jerome Wallace
T67244
P.O. Box 1031
Tehachapi, CA 93581

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Dated: November 2, 2011

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk