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)

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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. 2

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