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Sam Consiglio v. California Department of Corrections - Board of Parole Hearings

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 30, 2012

SAM CONSIGLIO, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS - BOARD OF PAROLE HEARINGS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a county inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. A civil action, other than one based on diversity jurisdiction, must be brought in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of 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." 28 U.S.C. § 1391(b).

In the complaint (Dckt. No. 1), plaintiff alleges violations of his civil rights by defendant "CDCR-BPH" who is alleged to be employed as "commissioners for BPH in Sacramento, CA."

Based on the complaint and its exhibits, plaintiff's claims appear to be based on parole revocation proceedings that took place in San Diego County, where plaintiff is presently confined, on June 21, 2011, April 11, 2012, April 16, 2012, and June 15, 2012. San Diego County is located within the Southern District of California. 28 U.S.C. § 84(d). While a basis for venue may also exist in this District, the court finds that a transfer under § 1404(a) to the Southern District of California is appropriate "[f]or the convenience of the parties and witnesses" and "in the interest of justice." 28 U.S.C. § 1404(a).

Therefore, this action is transferred to the United States District Court for the Southern District of California. See 28 U.S.C. § 1404(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). The court takes no action of plaintiff's other filings. See Dckt. Nos. 2, 3.

So ordered.

20120830

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