Savage v. Dickinson et al
Filing
3
ORDER OF TRANSFER to the USDC for the Eastern District of California. The court has not ruled on the in forma pauperis application. (SI, COURT STAFF) (Filed on 6/19/2011) Modified on 6/20/2011 (ys, COURT STAFF). [Transferred from cand on 6/20/2011.]
<![CDATA[
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
BOB SAVAGE,
9
United States District Court
For the Northern District of California
10
11
12
13
No. C 11-2055 SI (pr)
Plaintiff,
ORDER OF TRANSFER
v.
K. DICKSINON; et al.,
Defendants.
/
14
Bob Savage filed this civil rights action under 42 U.S.C. § 1983, complaining of events
15
or omissions that occurred at the California Medical Facility in Vacaville. Vacaville is in Solano
16
County, within the venue of the Eastern District of California. Defendants are alleged to work
17
either at that prison or at the CDCR's headquarters in Sacramento, and all apparently reside in
18
the Eastern District. No defendant is alleged to reside in the Northern District. Venue therefore
19
would be proper in the Eastern District and not in this one. See 28 U.S.C. § 1391(b).
20
Savage alleges that this court has jurisdiction under the Armstrong Remedial Plan,
21
see Armstrong v. Davis, C 94-2307 CW. The existence of a class action in this district does not
22
make this district the proper venue for plaintiff's claims. Indeed, if his equitable and injunctive
23
relief requests are for matters actually covered by Armstrong, his recourse is not a civil action
24
but instead is to seek help from class counsel in Armstrong "Individual members of the class
25
and other prisoners may assert any equitable or declaratory claims they have, but they must do
26
so by urging further actions through the class representative and attorney, including contempt
27
proceedings, or by intervention in the class action." Gillespie v. Crawford, 858 F.2d 1101, 1103
28
(5th Cir. 1988) (en banc). If Savage wants to complain about a perceived failure to comply with
1
some order in Armstrong, he may contact the plaintiff's class counsel at this address: Donald
2
Specter, Esq., Prison Law Office, 1917 Fifth Street, Berkeley, CA 94710.
3
Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is
4
TRANSFERRED to the United States District Court for the Eastern District of California. The
5
clerk shall transfer this matter.
6
The court has not ruled on the in forma pauperis application.
7
IT IS SO ORDERED.
8
Dated: June 19, 2011
______________________
SUSAN ILLSTON
United States District Judge
9
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
