Hammer v. Allen et al

Filing 3

ORDER OF TRANSFER. Signed by Judge Thelton E. Henderson on 02/13/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 2/15/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 RICHARD DUANE HAMMER, United States District Court For the Northern District of California 11 12 13 14 No. C-12-6222 TEH (PR) Plaintiff, v. ORDER OF TRANSFER K.J. ALLEN, et al., Defendants. 15 / 16 17 18 I. Plaintiff, a prisoner presently incarcerated at the 19 Salinas Valley State Prison (SVSP) in Soledad, California, has filed 20 a pro se civil rights complaint under 42 U.S.C. § 1983 alleging that 21 prison officials at the California Medical Facility (CMF) in Solano 22 County, California, were deliberately indifferent to his legitimate 23 safety needs when he was transferred from CMF to SVSP. 24 Doc. #1. Plaintiff alleges that, when he was put up for a transfer 25 from CMF to SVSP, he submitted an inmate appeal asserting that his 26 safety would be at risk at SVSP. 27 Department of Corrections and Rehabilitation's (CDCR) Director's 28 Level Appeal Decision, Comp., Ex. A, Plaintiff was concerned that According to the California 1 being a "white Crip carries a substantial risk of harm at the hands 2 of other inmates" at SVSP. 3 knew, based upon Plaintiff's past experiences at other prisons, that 4 Plaintiff's safety was at risk at SVSP. 5 Warden Singh acted with deliberate indifference to Plaintiff's 6 safety needs when he denied Plaintiff's inmate appeal, thus allowing 7 Plaintiff to be transferred to SVSP. Plaintiff alleges that CMF Warden Singh Plaintiff claims that 8 Plaintiff alleges that Defendant Allen, a CDCR Inmate 9 Appeals Examiner, wrote in his denial of Plaintiff's Director’s 10 Level CMF Appeal, that Plaintiff "is reminded to inform staff 11 immediately if he believes his safety is in jeopardy at any 12 institution on any facility." 13 what Defendant Allen instructed and yet Allen ignored Plaintiff's 14 plea that his safety would be at risk if he were transferred to 15 SVSP. 16 indifference to Plaintiff's safety when he denied Plaintiff's 17 appeal, thus allowing him to be transferred to SVSP. Plaintiff alleges that he did exactly Plaintiff asserts that Allen acted with deliberate 18 Plaintiff alleges that SVSP Warden Hedgepeth only acted 19 with gross negligence in accepting Plaintiff as an inmate at SVSP 20 because he was unaware that Plaintiff’s safety was at risk. 21 22 II. Although Plaintiff alleges that venue is proper in this 23 Court because a substantial amount of the acts and omissions giving 24 rise to his lawsuit occurred in this District, he is incorrect. 25 gravamen of Plaintiff's civil rights claim is that, by deciding to 26 transfer Plaintiff to SVSP and by denying his appeals of that 27 28 2 The 1 decision, Defendants were deliberately indifferent to his 2 constitutional right to be protected from violence by other inmates. 3 The decision to transfer Plaintiff and his administrative appeals 4 regarding this decision took place at CMF, which is located in the 5 Eastern District of California. 6 not all, of the acts and omissions giving rise to Plaintiff's civil 7 rights claim occurred, and the pertinent defendants reside, in the 8 Eastern District. See 28 U.S.C. § 84(b). 9 lies in the Eastern District. 10 Therefore, a substantial part, if Venue therefore properly See 28 U.S.C. § 1391(b). Accordingly, in the interest of justice and pursuant to 28 11 U.S.C. § 1406(a), this action is transferred to the United States 12 District Court for the Eastern District of California. 13 14 The Clerk shall transfer this matter, terminate all pending motions as moot, and close the file. 15 16 IT IS SO ORDERED. 17 18 19 DATED 02/13/2013 THELTON E. HENDERSON United States District Judge 20 21 22 23 24 25 26 G:\PRO-SE\TEH\CR.12\Hammer 12-6222 CR-transfer-caed.wpd 27 28 3

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