Wilson v. J. McDonald, et.al.

Filing 8

ORDER REOPENING CASE AND OF TRANSFER. Accordingly, this case is TRANSFERRED to the United States District Court of Arizona. The Clerk shall reopen this action, terminate any pending motions and transfer the entire file to the District of Arizona. Signed by Judge Edward J. Davila on 8/3/2012. (ecg, COURT STAFF) (Filed on 8/7/2012)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 DANNIE WILSON, Plaintiff, 12 13 v. 14 WARDEN J. McDONALD, et al., 15 Defendants. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. C 12-02803 EJD (PR) ORDER REOPENING ACTION AND OF TRANSFER 17 18 On July 13, 2012, the Court dismissed this civil rights action because 19 Plaintiff, a California inmate, had failed to respond to the Clerk’s notices directing 20 him to file: 1) a complaint; and 2) pay the filing fee or file an In Forma Pauperis 21 (“IFP”) Application in the time provided by the Court. (See Docket No. 5.) On July 22 23, 2012, the Court received Plaintiff’s complaint and IFP application with a notice 23 from the United States Postal Service indicating mishandled mail. (Docket No. 7.) 24 Because it appears that the late filing was not the fault of Plaintiff, the Court will 25 reopen this action. 26 Plaintiff’s complaint alleges that while he was incarcerated at the La Palma 27 Correctional Center in the State of Arizona, he did not receive proper medical 28 attention for his cancer although he complained several times to Warden J. Order Reopening Action and of Transfer G:\PRO-SE\SJ.EJD\CR.12\02803Wilson_reopen&transfer.wpd 1 McDonald and other prison staff. (Docket No. 7.) Because the acts complained of 2 occurred in Arizona, which lies within the venue of the District of Arizona, venue 3 properly lies in that district and not in this one. See 28 U.S.C. § 1391(b). 4 Accordingly, this case is TRANSFERRED to the United States District Court of 5 Arizona. See 28 U.S. C. § 1406(a). 6 7 The Clerk shall reopen this action, terminate any pending motions and transfer the entire file to the District of Arizona. 8 9 DATED: 8/3/2012 EDWARD J. DAVILA United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Reopening Action and of Transfer G:\PRO-SE\SJ.EJD\CR.12\02803Wilson_reopen&transfer.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DANNIE WILSON, Case Number: CV12-02803 EJD Plaintiff, CERTIFICATE OF SERVICE v. WARDEN J. McDONALD, et al., Defendants. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on , I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Dannie Wilson J-04486 Donovan State Prison P. O. Box 799001 San Diego, CA 92179 Dated: Richard W. Wieking, Clerk By: Elizabeth Garcia, Deputy Clerk

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?