United States District Court, N.D. California
March 17, 2004.
EARL BRAZELL, Plaintiff,
G.A. MULLER, et al., Defendants
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF TRANSFER
Plaintiff, a California parolee proceeding pro se, filed this civil
rights action pursuant to 42 U.S.C. § 1983. The defendants he names are
various prison officials located at Old Folsom State Prison ("Folsom"),
where he was formerly incarcerated. Plaintiff alleges that there were
delays in his receipt of mail concerning a custody hearing involving his
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).
Plaintiff's claims arise out of actions alleged to have been committed
at Folsom by defendants located at Folsom. Folsom is located in
Sacramento County, which 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 of California.
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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