Webster v. Love et al

Filing 18

ORDER OF TRANSFER. The Court orders this matter be transferred to the Eastern District of California. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Signed by Judge Edward J. Davila on 11/28/2018. (Attachments: # 1 Certificate/Proof of Service)(amkS, COURT STAFF) (Filed on 11/28/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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THOMAS WEBSTER,
Plaintiff,

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Case No. 18-01580 EJD (PR)
ORDER OF TRANSFER

v.
RHONDA LOVE, et al.,

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Defendants.

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Plaintiff, a state prisoner, filed a civil rights complaint pursuant to 42 U.S.C. § 1983

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against several officials at various state facilities. Plaintiff alleges various deficiencies in

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the conditions of confinement that occurred during his stay at the “Haskins House,” a

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“statewide transitional re-entry program,” which he claims arise to deliberate indifference

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to serious medical needs in violation of the Eighth Amendment. (Compl. at 2-3.) Because

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the responsible Defendants reside in and the acts complained of occurred in Fresno

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County, which lies within the venue of the Eastern District of California, see 28 U.S.C. §

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84(b), venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). For

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the foregoing reasons, the Court orders this matter be TRANSFERRED to the Eastern

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District of California. See 28 U.S.C. § 1406(a).

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Plaintiff also names Defendants at the Napa State Hospital (“NHS”) but makes no

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specific allegations against them in the complaint. (Compl. at 1-2.) The Court notes that

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Plaintiff has a separate action pending against one of the Defendants named in this action

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based on identical allegations. See Webster v. Samulson, Case No. 18-01969 EJD (PR).

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Accordingly, the claims against Defendant Melody Samulson are DISMISSED as

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duplicative. If Plaintiff wishes to pursue any other claims against other NHS officials or

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employees, he must file them in a separate action.

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The Clerk shall terminate all pending motions and transfer the entire file to the

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Eastern District of California.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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11/28/2018
Dated: _____________________

________________________
EDWARD J. DAVILA
United States District Judge

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Order of Transfer

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P:\PRO-SE\EJD\CR.18\01580Webster_transfer-ED.docx

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