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MOTEN v. GARCIA

United States District Court, Northern District of California


April 17, 2003

JESSE T. MOTEN, PLAINTIFF(S),
v.
S. GARCIA, ET AL., DEFENDANT(S).

The opinion of the court was delivered by: Charles R. Breyer, United States District Judge.

ORDER OF DISMISSAL

Plaintiff, a state prisoner temporarily housed at San Quentin State Prison in the County of Main ("SQ"), has filed a pro se "Motion to Report `Gross' Neglect and Retaliatory Act(s) by Correctional Agent(s)," which the court construes as a prisoner action under 42 U.S.C. § 1983. Plaintiff alleges that on or around March 24, 2003, he was "physically removed" from Calipatria State Prison in the County of Imperial ("CAL") in order to give testimony in this court in Hardison v. Newland, No. C 98-4517 CRB (PR) (N.D. Cal. filed Nov. 24, 1998). According to plaintiff, correctional agents at CAL "illegally confiscated" his legal materials before he left and, while he was temporarily housed at the California Institution for Men in the County of San Bernardino ("CIM") en route to SQ, correctional agents at CIM subjected him to "inappropriate" conditions of confinement. Plaintiff seeks a court order directing the California Department of Corrections ("CDC") to return him promptly to CAL.

The court notes that plaintiff testified as a witness at an evidentiary hearing in Hardison v. Newland on April 3, 2003 and that he was released as a witness in the matter that same day. The court made clear on the record that CDC was free to return plaintiff to CAL. Plaintiff's request for an order "compelling" CDC to return him promptly to CAL is DENIED because it is well-established that prisoners have no constitutional right to incarceration in any particular institution. See Olim v. Wakinekona, 461 U.S. 238, 244-48 (1983); Meachum v. Fano, 427 U.S. 215, 224 (1976); Rizzo v. Dawson, 778 F.2d 527, 530 (9th Cir. 1985).

Plaintiff's allegations regarding acts and/or omissions at CAL and CIM are DISMISSED without prejudice to bringing them in the Southern District of California (where the County of Imperial lies) and/or in the Central District of California (where the County of San Bernardino lies). See 28 U.S.C. § 1406(a) (district court has discretion to dismiss case filed in wrong venue); see also In re Hall, 939 F.2d 802, 804 (9th Cir. 1991) (dismissal must be without prejudice).

For the foregoing reasons, plaintiff's prisoner action is DISMISSED under the authority of 28 U.S.C. § 1915A(b). The clerk shall close the file and terminate all pending motions (see, e.g., doc. # 1) as moot. No fee is due.

SO ORDERED.

20030417

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