United States District Court, N.D. California
May 3, 2004.
NORMAN PATTERSON, Plaintiff,
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF TRANSFER
Plaintiff is a prisoner currently incarcerated at the High Desert State
Prison in Susanville, California ("HDSP"). He filed this pro se civil
rights complaint under 42 U.S.C. § 1983, seeking transfer to a different
prison closer to his home. No defendant is named in the complaint. Any
accommodation of plaintiff's request, however, would come from HDSP
officials, or officials at the California Department of Corrections in
Sacramento. HDSP is located in Lassen County, California, which, in
turn, is located in the Eastern District of California; Sacramento County
likewise is located in the Eastern District. See 28 U.S.C. § 84(b).
Venue may be raised by the district 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 are directed towards state prison officials located
in the Eastern District of California. Accordingly, in the interest of
justice, this action is hereby TRANSFERRED to the United States District
Court for the Eastern District of California.
In light of the transfer, the Court's notice of deficiency with respect
to Plaintiff's application to proceed in forma pauperis is VACATED.
The Clerk shall close the file and terminate any pending motions on the
IT IS SO ORDERED.
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