(PC) Hampton v. Alkire ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY C. HAMPTON, No. 2: 19-cv-1660 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 ALKIRE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On March 31, 2020, this action was dismissed pursuant to Federal Rule of 19 Civil Procedure 41(a). (ECF No. 55.) 20 On May 17, 2021, plaintiff filed a letter containing allegations regarding his safety and 21 mental health at California State Prison-Los Angeles County, where plaintiff is now incarcerated. 22 (ECF No. 36.) The instant action proceeded on claims against defendants employed at High 23 Desert State Prison. 24 Good cause appearing, the Clerk of the Court is directed to open a new action with 25 plaintiff’s May 17, 2021 letter and transfer this new action to the United States District Court for 26 the Central District Court of California, where venue is appropriate. See 18 U.S.C. § 1391(b); 28 27 U.S.C. § 1406(a) (in the interest of justice, a federal court may transfer a complaint filed in the 28 wrong district to the correct district); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court is directed to open a new action with plaintiff's May 17, 2021 3 letter; 4 2. The Clerk of the Court is directed to file the instant order in the new action; 5 3. The Clerk of the Court is directed to transfer the new action to the United States 6 District Court for the Central District of California. 7 | Dated: May 19, 2021 Fens Arn 9 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 10 11 Hamp 1660.tra 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28