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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RICHARD DUANE HAMMER,

United States District Court
For the Northern District of California

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No. C-12-6222 TEH (PR)

Plaintiff,
v.

ORDER OF TRANSFER

K.J. ALLEN, et al.,
Defendants.

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I.
Plaintiff, a prisoner presently incarcerated at the

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Salinas Valley State Prison (SVSP) in Soledad, California, has filed

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a pro se civil rights complaint under 42 U.S.C. § 1983 alleging that

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prison officials at the California Medical Facility (CMF) in Solano

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County, California, were deliberately indifferent to his legitimate

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safety needs when he was transferred from CMF to SVSP.

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Doc. #1.

Plaintiff alleges that, when he was put up for a transfer

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from CMF to SVSP, he submitted an inmate appeal asserting that his

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safety would be at risk at SVSP.

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Department of Corrections and Rehabilitation's (CDCR) Director's

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Level Appeal Decision, Comp., Ex. A, Plaintiff was concerned that

According to the California

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being a "white Crip carries a substantial risk of harm at the hands

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of other inmates" at SVSP.

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knew, based upon Plaintiff's past experiences at other prisons, that

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Plaintiff's safety was at risk at SVSP.

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Warden Singh acted with deliberate indifference to Plaintiff's

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safety needs when he denied Plaintiff's inmate appeal, thus allowing

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Plaintiff to be transferred to SVSP.

Plaintiff alleges that CMF Warden Singh

Plaintiff claims that

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Plaintiff alleges that Defendant Allen, a CDCR Inmate

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Appeals Examiner, wrote in his denial of Plaintiff's Director’s

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Level CMF Appeal, that Plaintiff "is reminded to inform staff

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immediately if he believes his safety is in jeopardy at any

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institution on any facility."

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what Defendant Allen instructed and yet Allen ignored Plaintiff's

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plea that his safety would be at risk if he were transferred to

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SVSP.

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indifference to Plaintiff's safety when he denied Plaintiff's

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appeal, thus allowing him to be transferred to SVSP.

Plaintiff alleges that he did exactly

Plaintiff asserts that Allen acted with deliberate

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Plaintiff alleges that SVSP Warden Hedgepeth only acted

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with gross negligence in accepting Plaintiff as an inmate at SVSP

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because he was unaware that Plaintiff’s safety was at risk.

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II.
Although Plaintiff alleges that venue is proper in this

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Court because a substantial amount of the acts and omissions giving

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rise to his lawsuit occurred in this District, he is incorrect.

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gravamen of Plaintiff's civil rights claim is that, by deciding to

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transfer Plaintiff to SVSP and by denying his appeals of that

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The

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decision, Defendants were deliberately indifferent to his

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constitutional right to be protected from violence by other inmates.

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The decision to transfer Plaintiff and his administrative appeals

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regarding this decision took place at CMF, which is located in the

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Eastern District of California.

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not all, of the acts and omissions giving rise to Plaintiff's civil

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rights claim occurred, and the pertinent defendants reside, in the

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Eastern District. See 28 U.S.C. § 84(b).

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lies in the Eastern District.

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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

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U.S.C. § 1406(a), this action is transferred to the United States

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District Court for the Eastern District of California.

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The Clerk shall transfer this matter, terminate all
pending motions as moot, and close the file.

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IT IS SO ORDERED.

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DATED

02/13/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\Hammer 12-6222 CR-transfer-caed.wpd

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