Pitts v. Department of Public Safety et al

Filing 8

ORDER DENYING MOTION FOR RECONSIDERATION 7 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 5/2/11. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Joseph Pitts served by first class mail at the address of record on May 2, 2011.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
JOSEPH PITTS #A0259019,

)
)
Petitioner,
)
)
vs.
)
)
DEPARTMENT OF PUBLIC SAFETY, )
CCA MAINLAND BRANCH
)
ADMINISTRATORS,
)
)
Respondents.
)
_____________________________ )

CIV. NO. 11-00250 SOM-RLP
ORDER DENYING MOTION FOR
RECONSIDERATION

ORDER DENYING MOTION FOR RECONSIDERATION
On April 13, 2011, Petitioner Joseph Pitts, a Hawaii
state prisoner incarcerated at the Saguaro Correctional Center
(“SCC”), located in Eloy, Arizona, commenced a civil action in
this court by filing a motion for a temporary restraining order
and preliminary injunction.

Pitts named the Hawaii Department of

Public Safety (“DPS”) and its “CCA Mainland Branch
Administrators”1 as respondents to the motion.

Pitts sought

injunctive relief preventing SCC prison officials in Arizona from
retaliating against him for filing suit against Hawaii prison
officials, regarding an incident that allegedly occurred in 2009
while Pitts was a pretrial detainee at the Oahu Community

1

The DPS contracts for correctional services with the
Corrections Corporation of America (“CCA”), which operates SCC.

Correctional Center.2

Pitts alleged that, if he filed a prisoner

civil rights complaint against Hawaii prison officials regarding
the incident, SCC prison officials would put him in segregation
in Arizona.
This court determined that venue was improperly laid in
Hawaii and transferred this action to the United States District
Court for the District of Arizona on April 15, 2011, pursuant to
28 U.S.C. § 1406(a).
that date.

The action in this district was closed on

Pitts now seeks reconsideration of the transfer

order.
This court is without jurisdiction to reconsider the
transfer order.

See Allen v. Bayer Corp. ( In re:

Phenylpropanolamine (PPA) Prods. Liab. Litig.), 460 F.3d 1217,
1230 (9th Cir. 2006) (transfer is effective when the order of
transfer is filed in the office of the clerk of the district
court of the transferee district, and when the transfer becomes
effective, the jurisdiction of the transferor court ceases and
the transferee court has exclusive jurisdiction.).

Any further

requests or motions should be filed with the court to which this
action was transferred.

Pitts is notified that any further

filings in this case shall be placed in the file and disregarded.

2

Pitts was convicted of Attempted Murder in the Second
Degree, in violation of Haw. Rev. Stat. § 707-701.5, on March 10,
2010. See Hawai’i State Judiciary’s Public Access to Court
Information, at: http://hoohiki1.courts.state.hi.us/jud/Hoohiki/.
2

IT IS SO ORDERED.
DATED: Honolulu, Hawaii, May 2, 2011.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Pitts v. Dep’t. of Public Safety, et al., Civ. No. 11-00250 SOM; Order Denying Motion
for Reconsideration; psas/recon/dmp/2011/ Pitts 11-250 SOM (trf ord)

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