United States District Court, Northern District of California
April 1, 2003
RICHARD BARRERO, PLAINTIFF,
CALIFORNIA DEPARTMENT OF CORRECTIONS; ET AL., DEFENDANTS.
The opinion of the court was delivered by: Thelton E. Henderson, United States District Judge.
ORDER OF DISMISSAL
Richard Barrero, proceeding pro se, brings this action under 42 U.S.C. § 1983 complaining of deprivations of his civil rights. Although Barrero is currently incarcerated at Pelican Bay State Prison, the acts and omissions that give rise to the claims in the complaint occurred at the R.J. Donovan correctional facility in San Diego in San Diego County, California, which is within the venue of the Southern District of California. One of the two defendants (i.e., the warden) resides in San Diego County, which is within the Southern District of California and the other defendant (i.e., the CDC) apparently resides in the Eastern District of California. Venue is not proper in the Northern District of California, but apparently would be proper in either the Eastern District of California or the Southern District of California. See 28 U.S.C. § 1391 (b). The court will not transfer this action and instead will dismiss it so that plaintiff can choose in which of the two proper venues he wants to file the action. Accordingly, pursuant to 28 U.S.C. § 1406 (a), this action is DISMISSED pauperis application is DENIED. The clerk shall close the file.
IT IS SO ORDERED.
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