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GOMEZ v. ALAMEIDA

United States District Court, N.D. California


March 22, 2004.

JEFFREY KEVIN GOMEZ, Plaintiff,
v.
EDWARD ALAMEIDA, et al., Defendants

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF TRANSFER

Plaintiff, a California prisoner incarcerated at California State Prison — Corcoran ("Corcoran") and proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. The defendants he names are the Director of the California Department of Corrections ("Director") and various Corcoran officials. Plaintiff alleges that defendants are responsible for his unconstitutional placement in the secured housing unit at Corcoran.

Venue may be raised by the court sua sponte where the defendant has not 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 Page 2 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 Corcoran. Corcoran is located in Sacramento County, which is within the venue of the Eastern District of California. 28 U.S.C. § 84(b). All of the defendants are located either at Corcoran or, in the case of the Director, in Sacramento. 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.

20040322

© 1992-2004 VersusLaw Inc.



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