United States District Court, N.D. California
January 21, 2004.
BRIAN L. CHRISTMAN, Plaintiff,
CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF TRANSFER
This is an action filed by a pro se prisoner incarcerated at Mule
Creek State Prison ("Mule Creek") in Ione, California. He names as
defendants the California Department of Corrections, which is located in
Sacramento, California, and various employees of Mule Creek, which is
located in Amador County, California. His complaint arises out of actions
or omissions at Mule Creek.
Venue may be raised by the court sua sponte where the defendant has not
yet filed a responsive pleading and the time for doing so has not run.
See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). When
jurisdiction is not founded solely on diversity, venue is proper in (1)
the district in which any defendant resides, if all of the defendants
reside in the same state; (2) the 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. See 28 U.S.C. § 1391(b).
When venue is improper, the district court has the discretion to either
dismiss the case or transfer it "in the interest of justice."
See 28 U.S.C. § 1406(a).
As noted, plaintiff's claims arise out of actions alleged to have been
committed in Amador County, by defendants located in Amador and
Sacramento Counties. Amador and Sacramento Counties are within the venue
of the Eastern District of California. 28 U.S.C. § 84(b).
Accordingly, in the interest of justice, this action is hereby
TRANSFERRED to the United States District Court for the Eastern District
The Clerk is directed to transfer the action forthwith and to terminate
all pending motions from this Court's docket.
IT IS SO ORDERED.
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