United States District Court, N.D. California
March 22, 2004.
JEFFREY KEVIN GOMEZ, Plaintiff,
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
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.
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