Davidson v. Fulton State Hospital et al

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion requesting a change of venue [Doc. #22 ] is DENIED. IT IS FURTHER ORDERED that the Clerk of Court shall not accept any additional filings from plaintiff in this matter, as plaintiffs action is currently pending on appeal. Any filings from plaintiff shall be returned to him with a letter telling plaintiff to file his motion with the Eighth Circuit Court of Appeals. Signed by District Judge Ronnie L. White on 8/22/2018. (AFC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEAN BRYAN DAVIDSON,
Plaintiff,

v.
FULTON STATE HOSPITAL, et al.,
Defendants.

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No. 4:18-CV-103 RLW

MEMORANDUM AND ORDER
Before the Court is plaintiffs post-dismissal for "change of venue" in this action.
Plaintiffs motion will be denied.
On January 29, 2018, the Court reviewed plaintiffs action pursuant to 28 U.S.C. § 1915
and found that it was subject to dismissal for frivolousness and for failure to state a claim upon
which relief may be granted. Plaintiff filed a notice of appeal in this closed matter on February 8,
2018. With the filing of the notice of appeal, this Court lost jurisdiction to transfer the present
matter. Even if the Court did have jurisdiction to transfer this matter to the Western District, the
Court would abstain from transferring a closed action to another Federal District Court. 1
This is plaintiffs second motion seeking a post-dismissal change of venue. As this Court
has already addressed this matter previously, and the matter has already been taken up by the

1

Plaintiffhas filed three almost identical actions in the Western District of Missouri within the
past year. See Davidson v. Fulton State Hospital, No. 2:17CV4018 FJG (W.D.Mo. 2017);
Davidson v. Fulton State Hospital, No. 2:17CV4019 FJG (W.D.Mo. 2017); Davidson v. Walker,
No. 2:17CV4147 FJG (W.D.Mo. 2017). Each of plaintiffs cases were dismissed as frivolous.
Plaintiff also filed a petition for writ of habeas corpus with the Western District on January 25,
2017, in Davidson v. Fulton State Hospital, No. 4: 17-CV-78 FJG (W.D.Mo. 2017). Plaintiffs
application for habeas corpus was denied on March 30, 2017. Plaintiff currently has a new
petition for writ of habeas corpus pending in the Western District of Missouri seeking release
from his confinement. See Davidson v. Schmit, No. 4:18CV561 FJG (W.D.Mo. 2018).

Eighth Circuit Court of Appeals, the Court will instruct the Clerk not to accept any additional
filings from plaintiff.
According! y,

IT IS HEREBY ORDERED that plaintiffs motion requesting a change of venue [Doc.
#22] is DENIED.

IT IS FURTHER ORDERED that the Clerk of Court shall not accept any additional
filings from plaintiff in this matter, as plaintiffs action is currently pending on appeal. Any
filings from plaintiff shall be returned to him with a letter telling plaintiff to file his motion with

;fAppeals.

the Eighth Circuit Court

Dated this;2?1 day of August, 2018.

~j}JtfLcJ

RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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