Davis v. USP Victorville Unit Officers (2B) on 12/13/2019 et al

Filing 5

ORDER TRANSFERRING CASE: This action is TRANSFERRED to the Eastern Division of the United States District Court for the Central District of California. The Clerk shall transfer the case forthwith. Signed by Magistrate Judge Donna M. Ryu on 9/9/2021. (ig, COURT STAFF) (Filed on 9/9/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 4:21-cv-05654-DMR Document 5 Filed 09/09/21 Page 1 of 2

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

MICHAEL L. DAVIS,

Case No. 21-cv-05654-DMR (PR)

Plaintiff,
9
v.

ORDER OF TRANSFER

10

United States District Court
Northern District of California

11

USP VICTORVILLE UNIT OFFICERS,
et al.,

12

Defendants.

13

Plaintiff, a federal inmate currently incarcerated at the United States Penitentiary, Atwater,

14

brings this pro se action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971),

15

complaining of deprivations of his civil rights.1 Dkt. 1. He has also filed a completed in forma

16

pauperis application. Dkt. 2.

17

On July 23, 2021, the Clerk of the Court informed Plaintiff that this action has been

18

assigned to the undersigned Magistrate Judge. Dkt. 3. Plaintiff has since consented to magistrate

19

judge jurisdiction in this action. Dkt. 4.

20

Plaintiff’s claims seem to stem from incidents that occurred in December 2019 while he

21

was incarcerated at the United States Penitentiary, Victorville (“USP Victorville”), which is in San

22

Bernardino County. Thus, the acts complained of occurred in San Bernardino County, which lies

23
24
25
26
27
28

within the venue of the Eastern Division of the Central District of California, and it appears that
Defendants reside in that district. Venue, therefore, properly lies in that district and not in this
one. See 28 U.S.C. § 1391(b).
Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is
Plaintiff actually filed a form entitled “Complaint Under the Civil Rights Act, 42 U.S.C.
§ 1983,” but because he is a federal prisoner, the court construes this action as being brought
under Bivens. See Dkt. 1.
1

Case 4:21-cv-05654-DMR Document 5 Filed 09/09/21 Page 2 of 2

1

TRANSFERRED to the Eastern Division of the United States District Court for the Central

2

District of California.2 The Clerk shall transfer the case forthwith.

3
4
5
6

All pending motions are TERMINATED on this court’s docket as no longer pending in
this district.
IT IS SO ORDERED.
Dated: September 9, 2021
______________________________________
DONNA M. RYU
United States Magistrate Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the
jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).
2