Davidson v. Fulton State Hospital et al

Filing 31

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion requesting transfer [Doc. #30 ] is DENIED. IT IS FURTHER ORDERED that the Clerk of Court SHALL NOT ACCEPT ANY ADDITIONAL PLEADINGS FROM PLAINTIFF IN THIS MATTER. Any filings from plaintiff shall be returned to him. Signed by District Judge Ronnie L. White on 1/2/19. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DEAN BRYAN DAVIDSON,
Plaintiff,
V.

FULTON STATE HOSPITAL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:18-CV-103 RLW

MEMORANDUM AND ORDER

Before the Court is plaintiffs post-dismissal motion for transfer of this action to the
United States District Court for the Western District of Missouri. 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. The Eighth Circuit Court of Appeals affirmed the dismissal of this action on September
14, 2018. See Davidson v. Fulton State Hosp., No. 18-1619 (8th Cir. 2018).
As noted in the Court's August 22, 2018 Memorandum and Order, the Court will not
transfer a closed case to the Western District Court. Moreover, plaintiff has filed almost three
identical actions in the Western District of Missouri within the past year that were dismissed as
frivolous. 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).
Furthermore, this is plaintiffs third post-dismissal motion seeking change of venue
and/or transfer. As this Court has already addressed this matter previously, and the matter has

already been taken up by the Eighth Circuit Court of Appeals, the Court will instruct the Clerk
not to accept any additional filings from plaintiff.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs motion requesting transfer [Doc. #30] is
DENIED.
IT IS FURTHER ORDERED that the Clerk of Court SHALL NOT ACCEPT ANY
ADDITIONAL PLEADINGS FROM PLAINTIFF IN THIS MATTER. Any filings from

plaintiff shall be retur{/c!/o him.
Dated thisL day of January, 2019.

~/.~
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

-2-