Lynn v. California Department of Corrections and Rehabilitation and Employees

Northern District of California, cand-4:2014-cv-04016


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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 In re CALVIN S. LYNN, 8 Plaintiff No. C 14-4016 PJH (PR) 9 ORDER VACATING DISMISSAL, REOPENING 10 CASE AND TRANSFERRING / United States District Court 11 For the Northern District of California 12 This civil rights case brought pro se by a state prisoner was dismissed without 13 prejudice because plaintiff failed to file a complaint or a motion to proceed in forma 14 pauperis. After the case was dismissed, plaintiff filed a complaint and an in forma pauperis 15 application. Therefore, the case will be reopened and the court will review the complaint. 16 Plaintiff states that he was provided inadequate medical or denied medical services 17 at four different facilities. Three of the facilities are located in the Eastern District of 18 California and one facility is in the Southern District of California. Plaintiff is currently 19 incarcerated in the Eastern District but presents no allegations of any conduct that occurred 20 in this district. Because many of the allegations occurred in the Eastern District of 21 California and he is incarcerated there, venue properly lies in that district and not in this 22 one. See 28 U.S.C. § 1391(b). 23 CONCLUSION 24 1. The order of dismissal (Docket No. 10) is VACATED and this case is 25 REOPENED. 26 2. This case is TRANSFERRED to the United States District Court for the Eastern 27 District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the court will not 28 rule upon plaintiff's request for leave to proceed in forma pauperis. 1 IT IS SO ORDERED. 2 Dated: November 13, 2014. PHYLLIS J. HAMILTON 3 United States District Judge 4 G:\PRO-SE\PJH\CR.14\Lynn4016.trn.wpd 5 6 7 8 9 10 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2