Baker v. Unnamed Defendant

Filing 2

ORDER re 1 Complaint filed by Jarvis O Baker: This action is dismissed without prejudice. Signed by Judge Linda R Reade on 5/19/2017 (copy w/NEF mailed to Plt). (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

JARVIS O. BAKER,
Plaintiff,

No. C17-0054-LRR

vs.
ORDER

UNNAMED,
Defendant.

The matter before the court is the plaintiff’s letter, which the clerk’s office
construed as a complaint pursuant to Bivens v. Six Unknown Named Agents of Federal
Bureau of Narcotics, 403 U.S. 388, 397 (1971). The clerk’s office filed such complaint
on May 18, 2017. The plaintiff did not submit the required filing fee or an application to
proceed in forma pauperis. See 28 U.S.C. § 1914(a) (requiring $400.00 filing fee for civil
actions, except that on application for a writ of habeas corpus the filing fee is $5.00); 28
U.S.C. § 1915 (explaining in forma pauperis proceedings). Further, the plaintiff’s letter
is not sufficient to commence an action. See Fed. R. Civ. P. 3 (indicating a civil action
is commenced by filing a complaint); see also Fed. R. Civ. P. 8 (addressing general rules
of pleading). Consequently, the court is unsure what type of action, if any, that the
plaintiff is trying to commence. Further, to the extent the plaintiff does desire to pursue
a federal action, venue in this district is not proper; venue is proper in the district where
the plaintiff is confined because that is where the events he complains about occurred. See
generally 28 U.S.C. § 1391(b). In light of the foregoing, this action is dismissed without

prejudice.
IT IS SO ORDERED
DATED this 19th day of May, 2017.

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