Davis v. USP Victorville Unit Officers (2B) on 12/13/2019

United States District Court for the Northern District of California

Davis v. USP Victorville Unit Officers (2B) on 12/13/2019

Trial Court Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 MICHAEL L. DAVIS, 8 Case No. 21-cv-05654-DMR (PR) Plaintiff, 9 v. ORDER OF TRANSFER 10 USP VICTORVILLE UNIT OFFICERS, 11 et al., 12 Defendants.

13 Plaintiff, a federal inmate currently incarcerated at the United States Penitentiary, Atwater, 14 brings this pro se action under Bivens v. Six Unknown Named Agents,

403 U.S. 388

(1971), 15 complaining of deprivations of his civil rights.1 Dkt. 1. He has also filed a completed in forma 16 pauperis application. Dkt. 2. 17 On July 23, 2021, the Clerk of the Court informed Plaintiff that this action has been 18 assigned to the undersigned Magistrate Judge. Dkt. 3. Plaintiff has since consented to magistrate 19 judge jurisdiction in this action. Dkt. 4. 20 Plaintiff’s claims seem to stem from incidents that occurred in December 2019 while he 21 was incarcerated at the United States Penitentiary, Victorville (“USP Victorville”), which is in San Bernardino County. Thus, the acts complained of occurred in San Bernardino County, which lies 22 within the venue of the Eastern Division of the Central District of California, and it appears that 23 Defendants reside in that district. Venue, therefore, properly lies in that district and not in this 24 one. See

28 U.S.C. § 1391

(b). 25 Accordingly, in the interest of justice and pursuant to

28 U.S.C. § 1406

(a), this action is 26

27 1 Plaintiff actually filed a form entitled “Complaint Under the Civil Rights Act, 42 U.S.C. 1 TRANSFERRED to the Eastern Division of the United States District Court for the Central 2 District of California.2 The Clerk shall transfer the case forthwith. 3 All pending motions are TERMINATED on this court’s docket as no longer pending in 4 this district. 5 IT IS SO ORDERED. 6 || Dated: September 9, 2021 7 DONNA M. RYU 8 United States Magistrate Judge 9 10 ll a 12

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15 16

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Zz 18 19 20 21 22 23 24 25 26 27 28 ? Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction of the undersigned Magistrate Judge pursuant to

28 U.S.C. § 636

(b)(1)(A).

Reference

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