Young v. United States

Filing 5

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 12/13/12. (lrc, COURT STAFF) (Filed on 12/14/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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)
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Plaintiff,
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v.
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UNITED STATES OF AMERICA, )
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Defendant.
______________________________ )
TIMOTHY DOYLE YOUNG,

No. C 12-3915 SBA (pr)
ORDER OF TRANSFER

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Plaintiff Timothy Doyle Young, a federal inmate housed at the United States

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Penitentiary (USP) in Florence, Colorado, has filed a pro se complaint and amended

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complaint alleging various claims against employees of the USP. Docket nos. 1, 3.

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The Court construes Plaintiff’s claims as arising under Bivens v. Six Unknown

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Named Agents, 403 U.S. 388 (1971). To state a private cause of action under Bivens, and

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its progeny, a plaintiff must allege: (1) that a right secured by the Constitution of the

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United States was violated, and (2) that the alleged deprivation was committed by a

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federal actor. Van Strum v. Lawn, 940 F.2d 406, 409 (9th Cir. 1991) (§ 1983 and Bivens

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actions are identical save for the replacement of a state actor under § 1983 by a federal

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actor under Bivens).

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All of the events or omissions giving rise to Plaintiff’s claims occurred in Florence,

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Colorado, which lies within the venue of the District of Colorado. Defendants also reside

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within the District of Colorado. Venue, therefore, properly lies in that district. See 28

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U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this

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action is transferred to the United States District Court for the District of Colorado. The

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Clerk of the Court shall transfer the case forthwith. Plaintiff's application for in forma

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pauperis is terminated as moot.

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IT IS SO ORDERED.

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DATED: 12/13/12

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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L:\PRO-SE\SBA\CR.12\Young v US 12-3915 Transf.wpd

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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TOMOTHY DOYLE YOUNG,
Case Number: CV12-03915 SBA

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Plaintiff,
CERTIFICATE OF SERVICE

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v.
USA et al,
Defendant.

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For the Northern District of California

United States District Court

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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 14, 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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Timothy Doyle Young 60012-001
USP - Max - ADX
P.O. Box 8000
Florence, CO 81226

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Dated: December 14, 2012

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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