In re Cerrone Hicks

Filing 4

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 7/2/13. (lrc, COURT STAFF) (Filed on 7/3/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 13-02726 SBA (PR) In re CERRONE HICKS, 5 ORDER OF TRANSFER 6 / 7 8 9 United States District Court For the Northern District of California 10 This action was opened on June 13, 2013, when the Court received from Inmate Cerrone Hicks a letter to the Honorable Thelton E. Henderson that concerned prison conditions. On the same date, the Clerk of the Court notified Plaintiff in writing that his action was 11 deficient in that he had not submitted his complaint on a proper complaint form and had not 12 submitted an in forma pauperis application. The Clerk further notified him that this action would be 13 dismissed he if did not submit a complaint on the proper form and a completed in forma pauperis 14 application within twenty-eight days. 15 Further review of Plaintiff's case reveals that, in addition to failing to submit the proper 16 documents, he has also initiated his civil action in the wrong judicial district. Plaintiff's letter states 17 that he is currently incarcerated at the Sierra Conservation Center (SCC) in Jamestown, California. 18 He alleges that the prison staff at SSC have treated him with "continual deliberate indifference" and 19 "racism." (June 13, 2013 Letter at 1.) 20 SCC is located in the Eastern District of California, and it appears that Defendants reside in 21 that district. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. 22 § 1391(b). 23 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is 24 TRANSFERRED to the United States District Court for the Eastern District of California. The 25 Clerk shall transfer the case forthwith. 26 If he wishes to further pursue this action, Plaintiff must complete the complaint form and in 27 forma pauperis application required by the United States District Court for the Eastern District of 28 California and mail them to that district. 1 2 3 4 The Clerk shall also direct an electronic version of Plaintiff's letter and this Order to Judge Henderson. IT IS SO ORDERED. DATED: 7/2/13 SAUNDRA BROWN ARMSTRONG United States District Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.13\Hicks2726.Transfer.wpd 2 1 2 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CERRONE HICKS, Case Number: CV13-02726 SBA 4 5 6 7 Plaintiff, CERTIFICATE OF SERVICE v. SIERRA CONSERVATION CENTER et al, Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 July 3, 2013, 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. 13 14 16 Cerrone Hicks R42285 Sierra Conservation Center State Prison 5150 O’Byrnes Ferry Road Jamestown, CA 95327 17 Dated: July 3, 2013 15 Richard W. Wieking, Clerk By: Lisa Clark, Deputy Clerk 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.13\Hicks2726.Transfer.wpd 3

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