United States District Court, N.D. California
March 15, 2004.
EARL BRAZELL, Plaintiff,
K. MENDOZA, 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 Avenal
State Prison ("Avenal") in Kings County, California. He names as
defendants two Avenal employees, alleging that they failed to provide him
transportation to a juvenile court hearing for his daughter.
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).
Plaintiffs claims arise out of actions alleged to have been committed
in Kings County, by defendants located in Kings County. Kings County is
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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