Johnson v. Southern Desert Correctional Center et al

Filing 12

ORDER directing Clerk to close the pending matter and re-open the case in the courts Southern Division. The case should be remain assigned to the same District Judge and reassigned to a new Magistrate Judge within the Southern Division. Signed by Magistrate Judge William G. Cobb on 2/7/2019. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13

LAUSTEVEION JOHNSON,

)
)
Plaintiff,
)
)
vs.
)
)
SOUTHERN DESERT CORRECTIONAL )
CENTER, et al.,
)
)
Defendants.
)
______________________________________)

3:17-cv-00039-MMD-WGC
ORDER

14
It has come to the court’s attention that this matter is inappropriately proceeding on the docket
15
of the unofficial Northern Division of the U.S. District Court for the District of Nevada. At the time the
16
inmate Plaintiff (Lausteveion Johnson), who is proceeding pro se, commenced his action, he was being
17
held at the Nevada Department of Corrections (NDOC) facility in Indian Springs, Nevada, known as
18
High Desert State Prison (HDSP). (ECF No. 1-1- at 1; ECF No. 5.) Inmate Johnson’s motion filed on
19
November 28, 2018, reflects he remains an inmate at HSDP. (ECF No. 10.) According to the court’s
20
screening order, the events which are the subject of Plaintiff’s civil rights complaint occurred at HDSP.
21
(ECF No. 6 at 3.)
22
LR IA 1-8(a) provides that “in civil actions filed by inmates proceeding pro se, the action must
23
be filed in the unofficial division of the court in which the inmate is held when the complaint or petition
24
is submitted for filing.” Therefore, inasmuch as Plaintiff Johnson was being held in an NDOC facility
25
located within the unofficial Southern Division of the court, this matter should have been commenced
26
in and should be proceeding in the court’s Southern Division.
27
///
28

1

The Clerk is directed to close the pending matter and re-open the case in the court’s Southern

2

Division. The case should be remain assigned to the same District Judge and reassigned to a new

3

Magistrate Judge within the Southern Division.

4

IT IS SO ORDERED.

5

DATED: February 7, 2019.

6
____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2