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COX v. JOHNSON

United States District Court, E.D. Washington
Sep 6, 2005
No. CV-05-5072-EFS (E.D. Wash. Sep. 6, 2005)

Opinion

No. CV-05-5072-EFS.

September 6, 2005


ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS AND DISMISSING ACTION WITHOUT PREJUDICE


Plaintiff, a prisoner at the Washington State Penitentiary, brings this pro se civil rights complaint against his former Counselor at the Washington Correction Center. Plaintiff complains Defendant Johnson told Plaintiff's grandfather about Plaintiff's incarceration, his charges and mental health problems. Aside from the fact this claim arose in the Western District of Washington and should have been brought in that district, Mr. Cox's complaint fails to state a constitutional violation for which relief may be granted. 28 U.S.C. §§ 1915A(b)(1), (2) and 1915(e)(2); See Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998).

Plaintiff has requested leave to proceed in forma pauperis under 28 U.S.C. § 1915(a). In light of Plaintiff's failure to state a claim upon which relief may be granted, IT IS ORDERED the request to proceed in forma pauperis is DENIED. The court finds it would not be in the interests of justice to transfer this action to the Western District of Washington. 28 U.S.C. § 1391 and 28 U.S.C. § 1406. Accordingly, IT IS FURTHER ORDERED this action is DISMISSED without prejudice. IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, forward a copy to Plaintiff and close the file.


Summaries of

COX v. JOHNSON

United States District Court, E.D. Washington
Sep 6, 2005
No. CV-05-5072-EFS (E.D. Wash. Sep. 6, 2005)
Case details for

COX v. JOHNSON

Case Details

Full title:JOHN B. COX, Plaintiff, v. TRACY JOHNSON, Defendant

Court:United States District Court, E.D. Washington

Date published: Sep 6, 2005

Citations

No. CV-05-5072-EFS (E.D. Wash. Sep. 6, 2005)