Free Case Transferred In - District Transfer - District Court of California - California

Case 3:08-cv-02990-WHA

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Sacramento Clerk's Office 501 "I" Street , Suite 4-200 Sacramento, CA 95814 916-930-4000 Fresno Clerk's Office 2500 Tulare Street , Suite 1501 Fresno, CA 93721 559-499-5600

December 17, 2007

Case Number: 1:07-CV-01661-AWI-WMW

Case Title:

ELBERT THOMAS MARTIN,

vs. M ROCHE, ET AL.,

Dear Litigant, You are hereby notified that the above case number has been assigned to your action. You are to include it on all correspondence (e.g., letters, filings, and inquiries) sent to the court. Failure to do so results in delayed processing of your documents. All matters in this action shall be sent to the following address until further notice: Office of the Clerk United States District Court Eastern District of California 2500 Tulare Street , Suite 1501 Fresno, CA 93721 For timely processing of your filings or correspondence, please comply with our Local Rules of Court, in particular: Local Rule 5-133 (modified) You are not required to send this court an original plus one copy of all documents submitted for filing (e.g., pleadings, motions, correspondence, etc.). You are only required to send this court the original for filing. No extra copies are required. However, if you desire to receive a conformed copy for your records, you must send the original plus one (1) copy and a pre-addressed postage-paid envelope for us to return your copy to you. Local Rules 30-250, 33-250, 34-250 and 36-250 Discovery requests or responses should not be submitted to the court unless they are relevant and necessary to support or oppose a motion at issue before the court. Local Rule 5-135 Once the defendant(s) have served a responsive pleading, you are under an ongoing duty to serve them with copies of all documents you submitted to the court. A proof of service shall be attached to the original of any document lodged or filed with the court, showing the date, manner and place of service. A sample proof of service is attached.

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Local Rule 7-130 (modified) Documents submitted to this court may be either typewritten or handwritten but must be legible, and writing shall be on one (1) side of the page only. Local Rule 7-132 Every document submitted to the court must include your name, address and prisoner identification number in the upper left hand corner of the first page. Local Rules 83-182 Each party appearing in propria persona is under a continuing duty to notify the Clerk and all other parties of any change of address by filing separate notice; absent such notice, service at prior address shall be fully effective. A sample Notice of Change of Address form is attached. Other Provisions: A complete copy of the Local Rules should be available in the prison library. We do not provide individual copies to litigants. Request for Case Status The court will notify you as soon as any action is taken in your case. Due to the large number of civil actions pending before the court, THE CLERK IS UNABLE TO RESPOND IN WRITING TO INDIVIDUAL INQUIRES REGARDING THE STATUS OF YOUR CASE. As long as you keep the court apprised of your current address, you will receive all court decisions which might affect the status of your case. Copy Work The Clerk's Office does not provide copies of documents to parties. Copies of documents may be obtained from the Attorney's Diversified Service (ADS) by writing to them at: 741 N. Fulton Street, Fresno CA 93728, or by phoning 800-842-2695. The court will provide copies of docket sheets at $0.50 per page. Note: In Forma Pauperis status does not include the cost of copies. Proposed Orders Parties are not required to submit a proposed order when filing a motion. If a proposed order is submitted, the court may disregard the order and prepare its own order. As noted, the requirements set forth in Local Rule 5-135 and 7-130 have been modified in this letter. These modifications apply to civil rights and habeas cases filed in the Fresno Division of the Eastern District of California by prisoners proceeding pro se (without counsel). Victoria C. Minor Clerk of Court United States District Court by: /s/ J. Hellings Deputy Clerk

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

v.

Case Number:

PROOF OF SERVICE /

I hereby certify that on of the attached

, I served a copy ,

by placing a copy in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the United States Mail at _________________________________________: (List Name and Address of Each Defendant or Attorney Served)

I declare under penalty of perjury that the foregoing is true and correct.

(Signature of Person Completing Service)

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Name:____________________________ I.D. #:____________________________ Address __________________________ _________________________________ _________________________________

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

(Plaintiff/Petitioner) v. (Defendant(s)/Respondent) NOTICE OF CHANGE OF ADDRESS / PLEASE TAKE NOTICE THAT (print name) hereby submits a notice of change of address in the above - entitled case as follows: Case Number:

OLD ADDRESS:

NEW ADDRESS:

DATED: _______________________ Signature of Plaintiff/Petitioner

YOU MUST FILE AN ORIGINAL CHANGE OF ADDRESS FORM IN EACH OF YOUR OPEN CASES

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NOTICE OF AVAILABILITY OF A MAGISTRATE JUDGE TO EXERCISE JURISDICTION AND APPEAL INSTRUCTIONS You are hereby notified in accordance with 28 U.S.C §636(c), F.R.Civ.P.73 and Local Rule 73-305, the United States Magistrate Judges sitting in Sacramento and Fresno are available to exercise the court's case dispositive jurisdiction and to conduct any or all case despositive proceedings in this action, including motions to dismiss, motions for summary judgment, a jury or nonjury trial, and entry of a final judgment. Exercise of this jurisdiction by a Magistrate Judge is however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's case dispositive jurisdiction from being exercised by a Magistrate Judge. Any appeal from a judgment entered by a Magistrate Judge is taken directly to the United States Court of Appeals for the Ninth Circuit or, where appropriate, for the Federal Circuit in the same manner as an appeal from any other judgment of a District Court. Whether or not the parties consent to pursuant to 28 U.S.C. § 636(c) the assigned Magistrate Judge will hear all motions except those case dispositive motions set forth in 28 U.S.C. § 636(b)(1)(A). A copy of the Form for "Consent to / Decline of Jurisdiction of United States Magistrate Judge" is attached hereto for pro per use and attorney information. This form is available in fillable .pdf format on the court's web site at www.caed.uscourts.gov for all attorney ECF filers. This form may be filed through CM/ECF or by pro se litigants at the appropriate Clerk's Office location.

Office of the Clerk 501 I Street, Room 4-200 Sacramento, CA 95814

Office of the Clerk 2500 Tulare Street , Suite 1501 Fresno, CA 93721

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ELBERT THOMAS MARTIN, Plaintiff(s)/Petitioner(s), vs. CASE NO. 1:07-CV-01661-AWI-WMW M ROCHE, ET AL., Defendant(s)/Respondents(s).

IMPORTANT IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF A UNITED STATES MAGISTRATE JUDGE, CHECK AND SIGN THE APPROPRIATE SECTION OF THIS FORM AND RETURN IT TO THE CLERK'S OFFICE.

CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed. Date: ___________________ Signature: _______________________________ Print Name: ______________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent

( ) Counsel for *___________________________

DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE Pursuant to Title 28, U.S.C. Sec 636(c)(2), the undersigned acknowledges the availability of a United States Magistrate Judge but hereby declines to consent. Date: ___________________ Signature: _______________________________ Print Name: ______________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent

( ) Counsel for *___________________________

*If representing more than one party, counsel must indicate name of each party responding.

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Sacramento Clerk's Office 501 "I" Street , Suite 4-200 Sacramento, CA 95814 916-930-4000 Fresno Clerk's Office 2500 Tulare Street , Suite 1501 Fresno, CA 93721 559-499-5600

December 17, 2007

Case Number: 1:07-CV-01661-AWI-WMW

Case Title:

ELBERT THOMAS MARTIN,

vs. M ROCHE, ET AL.,

Dear Litigant, You are hereby notified that the above case number has been assigned to your action. You are to include it on all correspondence (e.g., letters, filings, and inquiries) sent to the court. Failure to do so results in delayed processing of your documents. All matters in this action shall be sent to the following address until further notice: Office of the Clerk United States District Court Eastern District of California 2500 Tulare Street , Suite 1501 Fresno, CA 93721 For timely processing of your filings or correspondence, please comply with our Local Rules of Court, in particular: Local Rule 5-133 (modified) You are not required to send this court an original plus one copy of all documents submitted for filing (e.g., pleadings, motions, correspondence, etc.). You are only required to send this court the original for filing. No extra copies are required. However, if you desire to receive a conformed copy for your records, you must send the original plus one (1) copy and a pre-addressed postage-paid envelope for us to return your copy to you. Local Rules 30-250, 33-250, 34-250 and 36-250 Discovery requests or responses should not be submitted to the court unless they are relevant and necessary to support or oppose a motion at issue before the court. Local Rule 5-135 Once the defendant(s) have served a responsive pleading, you are under an ongoing duty to serve them with copies of all documents you submitted to the court. A proof of service shall be attached to the original of any document lodged or filed with the court, showing the date, manner and place of service. A sample proof of service is attached.

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Local Rule 7-130 (modified) Documents submitted to this court may be either typewritten or handwritten but must be legible, and writing shall be on one (1) side of the page only. Local Rule 7-132 Every document submitted to the court must include your name, address and prisoner identification number in the upper left hand corner of the first page. Local Rules 83-182 Each party appearing in propria persona is under a continuing duty to notify the Clerk and all other parties of any change of address by filing separate notice; absent such notice, service at prior address shall be fully effective. A sample Notice of Change of Address form is attached. Other Provisions: A complete copy of the Local Rules should be available in the prison library. We do not provide individual copies to litigants. Request for Case Status The court will notify you as soon as any action is taken in your case. Due to the large number of civil actions pending before the court, THE CLERK IS UNABLE TO RESPOND IN WRITING TO INDIVIDUAL INQUIRES REGARDING THE STATUS OF YOUR CASE. As long as you keep the court apprised of your current address, you will receive all court decisions which might affect the status of your case. Copy Work The Clerk's Office does not provide copies of documents to parties. Copies of documents may be obtained from the Attorney's Diversified Service (ADS) by writing to them at: 741 N. Fulton Street, Fresno CA 93728, or by phoning 800-842-2695. The court will provide copies of docket sheets at $0.50 per page. Note: In Forma Pauperis status does not include the cost of copies. Proposed Orders Parties are not required to submit a proposed order when filing a motion. If a proposed order is submitted, the court may disregard the order and prepare its own order. As noted, the requirements set forth in Local Rule 5-135 and 7-130 have been modified in this letter. These modifications apply to civil rights and habeas cases filed in the Fresno Division of the Eastern District of California by prisoners proceeding pro se (without counsel). Victoria C. Minor Clerk of Court United States District Court by: /s/ J. Hellings Deputy Clerk

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

v.

Case Number:

PROOF OF SERVICE /

I hereby certify that on of the attached

, I served a copy ,

by placing a copy in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the United States Mail at _________________________________________: (List Name and Address of Each Defendant or Attorney Served)

I declare under penalty of perjury that the foregoing is true and correct.

(Signature of Person Completing Service)

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Filed 06/17/2008

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Name:____________________________ I.D. #:____________________________ Address __________________________ _________________________________ _________________________________

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

(Plaintiff/Petitioner) v. (Defendant(s)/Respondent) NOTICE OF CHANGE OF ADDRESS / PLEASE TAKE NOTICE THAT (print name) hereby submits a notice of change of address in the above - entitled case as follows: Case Number:

OLD ADDRESS:

NEW ADDRESS:

DATED: _______________________ Signature of Plaintiff/Petitioner

YOU MUST FILE AN ORIGINAL CHANGE OF ADDRESS FORM IN EACH OF YOUR OPEN CASES

Case 3:08-cv-02990-WHA

Document 1-4

Filed 06/17/2008

Page 5 of 6

NOTICE OF AVAILABILITY OF A MAGISTRATE JUDGE TO EXERCISE JURISDICTION AND APPEAL INSTRUCTIONS You are hereby notified in accordance with 28 U.S.C §636(c), F.R.Civ.P.73 and Local Rule 73-305, the United States Magistrate Judges sitting in Sacramento and Fresno are available to exercise the court's case dispositive jurisdiction and to conduct any or all case despositive proceedings in this action, including motions to dismiss, motions for summary judgment, a jury or nonjury trial, and entry of a final judgment. Exercise of this jurisdiction by a Magistrate Judge is however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's case dispositive jurisdiction from being exercised by a Magistrate Judge. Any appeal from a judgment entered by a Magistrate Judge is taken directly to the United States Court of Appeals for the Ninth Circuit or, where appropriate, for the Federal Circuit in the same manner as an appeal from any other judgment of a District Court. Whether or not the parties consent to pursuant to 28 U.S.C. § 636(c) the assigned Magistrate Judge will hear all motions except those case dispositive motions set forth in 28 U.S.C. § 636(b)(1)(A). A copy of the Form for "Consent to / Decline of Jurisdiction of United States Magistrate Judge" is attached hereto for pro per use and attorney information. This form is available in fillable .pdf format on the court's web site at www.caed.uscourts.gov for all attorney ECF filers. This form may be filed through CM/ECF or by pro se litigants at the appropriate Clerk's Office location.

Office of the Clerk 501 I Street, Room 4-200 Sacramento, CA 95814

Office of the Clerk 2500 Tulare Street , Suite 1501 Fresno, CA 93721

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ELBERT THOMAS MARTIN, Plaintiff(s)/Petitioner(s), vs. CASE NO. 1:07-CV-01661-AWI-WMW M ROCHE, ET AL., Defendant(s)/Respondents(s).

IMPORTANT IF YOU CHOOSE TO CONSENT OR DECLINE TO CONSENT TO JURISDICTION OF A UNITED STATES MAGISTRATE JUDGE, CHECK AND SIGN THE APPROPRIATE SECTION OF THIS FORM AND RETURN IT TO THE CLERK'S OFFICE.

CONSENT TO JURISDICTION OF UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of Title 28, U.S.C Sec. 636(c)(1), the undersigned hereby voluntarily consents to have a United States Magistrate Judge conduct all further proceedings in this case, including trial and entry of final judgment, with direct review by the Ninth Circuit Court of Appeals, in the event an appeal is filed. Date: ___________________ Signature: _______________________________ Print Name: ______________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent

( ) Counsel for *___________________________

DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE Pursuant to Title 28, U.S.C. Sec 636(c)(2), the undersigned acknowledges the availability of a United States Magistrate Judge but hereby declines to consent. Date: ___________________ Signature: _______________________________ Print Name: ______________________________
( ) Plaintiff/Petitioner ( ) Defendant/Respondent

( ) Counsel for *___________________________

*If representing more than one party, counsel must indicate name of each party responding.

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The statutory filing fee for all civil actions except applications for writs of habeas corpus is $350.00. See 28 U.S.C. § 1914(a).
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ELBERT THOMAS MARTIN, Plaintiff, vs. M. ROCHE, et al.,

1:07-cv-001661-AWI-WMW (PC) ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS (DOCUMENT #2)

Defendants. / Plaintiff is a prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has submitted a declaration that makes the showing required by § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. 28 U.S.C. § 1915(a). Pursuant to 28 U.S.C. § 1915(b)(1), enacted April 26, 1996, plaintiff is required to pay the statutory filing fee of $350.00 for this action.1 Plaintiff has been without funds for six months and is currently without funds. Accordingly, the court will not assess an initial partial filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments of 20 percent of the preceding month's income credited to plaintiff's prison trust account. These payments shall be collected and forwarded by

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the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). In accordance with the above, IT IS HEREBY ORDERED that: 1. Plaintiff's request for leave to proceed in forma pauperis is granted. 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. The fee shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections filed concurrently herewith. IT IS SO ORDERED. Dated: j14hj0 December 18, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that: 1. The Director of the California Department of Corrections or his designee shall collect -1To: The Director of the California Department of Corrections, 1515 S Street, Sacramento, California 95814: Plaintiff, a prisoner proceeding pro se and in forma pauperis, is obligated to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments in the amount of twenty percent of the preceding month's income credited to plaintiff's trust account. The California Department of Corrections is required to send to the Clerk of the Court payments from plaintiff's account each time the amount in the account exceeds $10.00, until the statutory filing fee is paid in full. 28 U.S.C. § 1915(b)(2). In accordance with the above and good cause appearing therefore, IT IS HEREBY ORDERED v. M. ROCHE, et al., Defendants. _____________________________/ ELBERT THOMAS MARTIN, Plaintiff, ORDER DIRECTING PAYMENT OF INMATE FILING FEE 1:07-cv-01661-AWI-WMW (PC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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payments from plaintiff's prison trust account in an amount equal to twenty per cent (20%) of the preceding month's income credited to the prisoner's trust account and shall forward those payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk of the Court. The payments shall be clearly identified by the name and number assigned to this action. 2. The Clerk of the Court is directed to serve a copy of this order and a copy of plaintiff's in forma pauperis affidavit on the Director of the California Department of Corrections, 1515 S Street, Sacramento, California 95814. 3. The Clerk of the Court is directed to serve a copy of this order on the Financial Department, U.S. District Court, Eastern District of California, Fresno Division.

IT IS SO ORDERED. Dated: j14hj0 December 18, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1vs. M. ROCHE, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. In litigating this action, the parties must comply with the Federal Rules of Civil Procedure (Fed. R. Civ. P.) and the Local Rules of the United States District Court, Eastern District of California (Local Rules). This order highlights specific rules of which the parties should take particular note. FAILURE TO COMPLY WITH THE FEDERAL RULES, LOCAL RULES, OR A COURT ORDER, INCLUDING THIS ORDER, WILL BE GROUNDS FOR APPROPRIATE SANCTIONS, UP TO AND INCLUDING DISMISSAL OF THIS ACTION. Local Rule 11-110; Fed. R. Civ. P. 41(b). 1. Documents intended to be filed with the court by pro se litigants must be mailed to the Clerk of the Court. Local Rule 5-133(d)(1). All documents mailed improperly to a judge's chambers ELBERT THOMAS MARTIN, Plaintiff, FIRST INFORMATIONAL ORDER 1:07-cv-01661-AWI-WMW (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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will be stricken.1 A document requesting a court order must be styled as a motion, not a letter. Fed. R. Civ. P. 7. 2. Each document submitted for filing must include the original signature of the filing party or parties. Local Rule 7-131; Fed. R. Civ. P. 11(a). All documents submitted without the required signature(s) will be stricken. Each separate document must be bound separately at the top left corner. Local Rule 7-130(b). If a document is bound behind another document, it will not be filed and will not enter the court docket. 3. You are not required to send this court copies of your documents submitted for filing. Local Rule 5-133(d)(2). If the filing party wishes the court to return a file-stamped copy, he or she must include one copy for that purpose AND a pre-addressed postage paid envelope. The court cannot provide copy or mailing service for a party, even for an indigent plaintiff proceeding in forma pauperis. Copies of documents from the court file may be obtained at the cost of fifty cents per page. 4. After defendants have appeared in an action by filing a response to the complaint (i.e., an answer, a motion to dismiss, or a motion for summary judgment), all documents filed with the court must include a certificate of service stating that a copy of the document was served on the opposing party. Fed. R. Civ. P. 5; Local Rule 5-135. A document submitted without the required proof of service will be stricken. Where a party is represented, service on the party's attorney of record constitutes effective service. 5. All filings must bear the file number assigned to the action, followed by the initials of the District Court Judge and the Magistrate Judge to whom the case is assigned and the letters "PC." Where plaintiff simultaneously pursues more than one action, he or she must file separate original documents and the appropriate number of copies in each action to which the document pertains. Documents submitted listing more than one case number in the caption will be stricken. 6. The court cannot serve as a repository for the parties' evidence (i.e., prison or medical records, witness affidavits, etc.). The parties may not file evidence with the court until the course of litigation brings the evidence into question (for example, on a motion for summary judgment, at trial,

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W hen a document is stricken, it becomes a nullity and is not considered by the court for any purpose.

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or when requested by the court). Evidence improperly submitted to the court will be stricken. 7. The Eastern District of California converted to an electronic filing, service, and storage system, effective January 3, 2005. Pro se litigants are exempt from the electronic filing requirement and must submit all documents to the court in paper. Local Rule 5-133(b)(2). Paper documents submitted by pro se litigants for filing will be scanned into the electronic court file by the Clerk's Office. After being scanned into the electronic court file, the paper documents will be retained in the Clerk's Office for a limited period of time and then discarded. Local Rule 39-138(d). For this reason, pro se litigants are cautioned not to send original exhibits to the court. When it is appropriate for pro se litigants to submit exhibits to the court (see paragraph 6), the litigants shall retain their original exhibits and send photocopies to the court. 8. After an answer is filed, the court will issue an order opening discovery, and setting the deadlines for completing discovery, amending the pleadings, and filing pre-trial dispositive motions. No discovery may be conducted without court permission until an answer is filed and the court issues the discovery order. Discovery propounded on a party is self-executing, and must be served directly on the party from whom discovery is sought; parties should not file copies of their discovery with the court. Local Rules 33-250, 34-250, 36-250. Discovery documents inappropriately submitted to the court will be stricken. Where the response to discovery is unsatisfactory, the party seeking discovery may file a motion to compel discovery, including a copy of the discovery propounded and the response thereto. Fed. R. Civ. P. 37. A motion to compel must be accompanied by "a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action." Fed. R. Civ. P. 37(a)(2)(A). A discovery motion that does not comply with all applicable rules will be stricken and may result in imposition of sanctions. 9. Because plaintiff is incarcerated and proceeds pro se, all pre-trial motions will be submitted without a hearing. Local Rule 78-230(m). The parties are referred to Local Rule 78230(m) for the briefing schedule on motions. 10. All court deadlines will be strictly enforced. Requests for time extensions must state the

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reason the extension is needed and must be filed with the court before the deadline in question. Local Rule 6-144. 11. A pro se plaintiff has an affirmative duty to keep the court and opposing parties apprised of his or her address. Local Rule 83-182(f). If a plaintiff moves and fails to file a notice of change of address, service of court orders at plaintiff's prior address shall constitute effective notice. Id. If mail directed to plaintiff is returned by the U.S. Postal Service as undeliverable, the court will not attempt to re-mail it. If the address is not updated within sixty days of the mail being returned, the action will be dismissed for failure to prosecute. Local Rule 83-183(b). 12. The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). The court will direct the United States Marshal to serve plaintiff's complaint only after the court has screened the complaint and determined that it contains cognizable claims for relief against the named defendants. The court has a large number of prisoner civil rights cases pending before it and will screen plaintiff's complaint in due course. IT IS SO ORDERED. Dated: j14hj0 December 18, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 § 1983. Plaintiff is in the custody of the California Department of Corrections and Rehabilitation at the California Correctional Institution at Tehachapi. Plaintiff brings this case, claiming that he was subjected to constitutionally inadequate medical care in violation of the Eighth Amendment to the U.S. Constitution. Though currently housed in Tehachapi, Plaintiff names defendants in Los Angeles, High Desert State Prison in Lassen County, the California Training Facility at Soledad in Monterey County and the California Men's Colony at San Luis Obispo, in San Luis Obispo County. Plaintiff also names defendants in Morris Plains, New Jersey. The federal venue statute requires that a civil action, other than one based on diversity Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C. M. ROCHE, M.D., et al., Defendants. vs. ELBERT THOMAS MARTIN, Plaintiff, CV F 07 1661 AWI WMW PC TRANSFER ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b). In this case, none of the defendants reside in this district. The claim arose in Los Angeles County, Lassen County, Monterey County and San Luis Obispo County. Plaintiff also names defendants in New Jersey. Therefore, Plaintiff's claims regarding Los Angeles and the California Men's Colony should have been filed in the Central District. Plaintiff's claims regarding the Correctional Training Facility should have been filed in the Northern District. Plaintiff's claims regarding the New Jersey defendant should have been filed in the District of New Jersey. In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Regarding the High Desert State Prison claims, Pursuant to Local Rule 3-120(b), a civil action which has not been commenced in the proper court may, on the court's own motion, be transferred to the proper court. Therefore, the High Desert State Prison claims will be transferred to the Sacramento Division. All future pleadings shall reference the new case number and be filed at:

United States District Court Eastern District of California 501 "I" Street, Suite 4-200 Sacramento, CA 95814

Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk's Office shall open a new case for transfer to each of the following districts: 26 2

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Central District of California; Northern District of California; District of New Jersey. 2. Plaintiff's claims regarding Los Angeles and the California Men's Colony are transferred to the Central District of California. 3. Plaintiff's claims regarding the Correctional Training Facility are transferred to the Norther District of California. 4. Plaintiff's claims regarding the New Jersey defendants are transferred to the District of New Jersey. 5. Regarding the High Desert State Prison claims, this action is transferred to the United States District Court for the Eastern District of California sitting in Sacramento. IT IS SO ORDERED. Dated: j14hj0 June 11, 2008 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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CLOSED, PRISONER_CIVIL_RIGHTS, TRANSFERRED_TO_SAC

U.S. District Court Eastern District of California - Live System (Fresno) CIVIL DOCKET FOR CASE #: 1:07-cv-01661-AWI-WMW

(PC) Martin v. Roche et al Assigned to: Judge Anthony W. Ishii Referred to: Magistrate Judge William M. Wunderlich Cause: 42:1983 Prisoner Civil Rights

Date Filed: 11/19/2007 Date Terminated: 06/12/2008 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Elbert Thomas Martin represented by Elbert Thomas Martin T-28520 CALIFORNIA CORRECTIONAL INSTITUTION (107) PO BOX 107 TEHACHAPI, CA 93581 PRO SE

V. Defendant M Roche M.D.-High Desert State Prison Defendant R. Cox M.D.-High Desert State Prison Defendant T Friederichs M.D.-California Training FacilityCentral Defendant Cornell Clark M.D.-California Training FacilityCentral Defendant MD Joseph Chudy M.D.-California Training Facility-

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Central Defendant C. Sinnaco M.D.-California Training FacilityCentral Defendant R.A. Perez Lieutenant-California Training Facility-Central Defendant D. Carey California Men's Colony Defendant T. Cook Facility Captain-California Men's Colony Defendant S. Stack Chief Psychiatrist-California Men's Colony Defendant G. Brownlee Lieutenant-California Men's Colony Defendant M. Mee California Men's Colony Defendant Donald A. Ramberg M.D.-Medical Board Of California Defendant D. Engler CC II Specialist-California Men's Colony Defendant M. Vela CC II Specialist-California Men's Colony Defendant

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K. Sampson CC II Counselor-California Correctional Institution, Tehachapi Defendant Robert Meyers M.D.-California Men's Colony Defendant D.L. England Correctional Officer-California Men's Colony Defendant B Dieball Sergeant-California Men's Colony Defendant D. Carey Associate Warden-California Men's Colony Defendant John Marshall Warden-California Men's Colony Defendant Anthony Wild CEO, Parke-Davis

Date Filed 11/19/2007

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Docket Text COMPLAINT (1983) against D. Carey(California Men's Colony), T. Cook, S. Stack, G. Brownlee, M. Mee, Donald A. Ramberg, D. Engler, M. Vela, K. Sampson, Robert Meyers, D.L. England, B Dieball, D. Carey(Associate Warden-California Men's Colony), John Marshall, Anthony Wild, M Roche, R. Cox, T Friederichs, Cornell Clark, Joseph Chudy, C. Sinnaco, R.A. Perez by Elbert Thomas Martin.(Scrivner, E) (Entered: 11/21/2007) MOTION/Application to PROCEED IN FORMA PAUPERIS by Elbert Thomas Martin. (Scrivner, E) (Entered: 11/26/2007) PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms) (Hellings, J) (Entered: 12/17/2007) SERVICE BY MAIL: 3 Prisoner New Case Documents for AWI served on Elbert Thomas Martin. (Hellings, J) (Entered: 12/17/2007)

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ORDER granting 2 Motion to Proceed in forma pauperis signed by Judge William M. Wunderlich on 12/18/2007. (Esteves, C) (Entered: 12/18/2007)

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ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of ELBERT THOMAS MARTIN signed by Judge William M. Wunderlich on 12/18/2007. (Esteves, C) (Entered: 12/18/2007) FIRST INFORMATIONAL ORDER signed by Judge William M. Wunderlich on 12/18/2007. (Esteves, C) (Entered: 12/18/2007) SERVICE BY MAIL: 5 Order Directing Prisoner Payment, 6 Order, 4 Order on Motion to Proceed in forma pauperis served on Elbert Thomas Martin. (Esteves, C) (Entered: 12/18/2007)

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CONSENT to JURISDICTION by US MAGISTRATE JUDGE by Elbert Thomas Martin. (Esteves, C) (Entered: 01/04/2008) ORDER signed by Magistrate Judge William M. Wunderlich on 6/11/2008; CASE TRANSFERRED to the following Districts: Central District of California; Northern District of California and District of New Jersey; High Desert State Prison claims transferred to the Sacramento division for the Eastern District of California. New Sacramento case no. 2:08-cv-01323-CMK. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED.(Esteves, C) (Entered: 06/12/2008) TRANSMITTAL of DOCUMENTS on *6/12/2008* to * Clerk, Central District of California* *312 N. Spring Street* *Los Angeles, CA 90012*. ** *Electronic Documents: 1 to 8. *. (Esteves, C) (Entered: 06/12/2008) TRANSMITTAL of DOCUMENTS on *6/12/2008* to * Clerk, Northern District of California* *450 Golden Gate Ave.* *San Francisco, CA 94102*. ** *Electronic Documents: 1 to 8. *. (Esteves, C) (Entered: 06/12/2008) TRANSMITTAL of DOCUMENTS on *6/12/2008* to * District of New Jersey* *50 Walnut Street* *Room 4015* *Newark, NJ 07101*. *Electronic Documents: 1 to 8. *. (Esteves, C) (Entered: 06/12/2008)

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