Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

BRAZELL v. MULLER

United States District Court, N.D. California


March 17, 2004.

EARL BRAZELL, Plaintiff,
v.
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 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 Page 2 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.

20040317

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.