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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?