Opinion
21-cv-08491-PJH
12-14-2021
AARON DAVIS, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER OF TRANSFER RE: DKT. NO. 3
PHYLLIS J. HAMILTON UNITED STATES DISTRICT JUDGE
This is a civil rights case brought pro se by a state prisoner. Plaintiff alleges he was the victim of excessive force by correctional officers. The acts complained of occurred at North Kern State Prison which lies within the venue of the United States District Court for the Eastern District of California. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).
To the extent plaintiff still seeks to proceed with a claim pursuant to Scholl v. Mnuchin, 494 F.Supp.3d 661 (N.D. Cal. 2020), any such claim is dismissed. That case is closed, and plaintiff cannot obtain the relief he seeks. He also concedes that he received a payment of $1400. Docket No. 6 at 1; Docket No. 7 at 5.
This case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a). In view of the transfer, the court will not rule upon plaintiff's motion to proceed in forma pauperis (Docket No. 3) which is VACATED.
IT IS SO ORDERED.