United States District Court, N.D. California
ORDER OF TRANSFER
LABSON FREEMAN, UNITED STATES DISTRICT JUDGE.
a state prisoner at the California Correctional Institution
(“CCI”) in Tehachapi, filed the instant pro
se civil rights action pursuant to 42 U.S.C. § 1983
against two individuals. (Docket No. 1.) The Court dismissed
the complaint with leave to amend for Plaintiff to attempt to
correct several deficiencies. (Docket No. 10.) Plaintiff has
filed an amended complaint. (Docket No. 14.)
Standard of Review
federal court must conduct a preliminary screening in any
case in which a prisoner seeks redress from a governmental
entity or officer or employee of a governmental entity.
See 28 U.S.C. § 1915A(a). In its review, the
court must identify any cognizable claims and dismiss any
claims that are frivolous, malicious, fail to state a claim
upon which relief may be granted or seek monetary relief from
a defendant who is immune from such relief. See Id.
§ 1915A(b)(1), (2). Pro se pleadings must, however, be
liberally construed. See Balistreri v. Pacifica Police
Dep't, 901 F.2d 696, 699 (9th Cir. 1988).
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege two essential elements: (1) that a right secured by
the Constitution or laws of the United States was violated,
and (2) that the alleged violation was committed by a person
acting under the color of state law. See West v.
Atkins, 487 U.S. 42, 48 (1988).
Court dismissed the original complaint with leave to amend
for the following three deficiencies: (1) it was unclear
whether the two named individuals, Monee Stevenson and Marcia
Stevenson-Bridges, were persons acting under the color of
state law or private individuals; (2) it was unclear whether
venue was proper in this district because there was no
information with respect to where defendants reside or where
a substantial part of the events or omissions giving rise to
the claim occurred; and (3) whether the claim for damages was
barred by Heck v. Humphrey, 512 U.S. 477 (1994),
since it appeared Plaintiff had recently suffered a
conviction out of Los Angeles County Superior Court. (Docket
No. 10 at 2-3.) In the amended complaint, there are
indications that venue in this district is not proper as
Plaintiff states that the alleged violation occurred in
“County Jail - Los Angeles.” (Docket No. 14 at
1-4.) Furthermore, under “Claim 1, ” Plaintiff
asserts “Sixth Amendment Right to effective assistance
of counsel” and then proceeds to give a detailed
narrative of his actions in Los Angeles on November 8, 2004,
under “supporting facts.” (Id. at 6-9.)
Rule of Civil Procedure 8(a)(2) requires only “a short
and plain statement of the claim showing that the pleader is
entitled to relief.” “Specific facts are not
necessary; the statement need only ‘“give the
defendant fair notice of what the…. claim is and the
grounds upon which it rests.”'” Erickson
v. Pardus, 551 U.S. 89, 93 (2007) (citations omitted).
“Factual allegations must be enough to raise a right to
relief above the speculative level.” Bell Atlantic
Corp. v. Twombly, 550 U.S. 544, 553-56, (2007)
(citations omitted). Here, Plaintiffs lengthy narrative
contains no facts involving any of the named defendants to
give them notice of his claim against them, and therefore
fails to comply with Rule 8(a)(2). Although this failure to
comply with Rule 8(a)(2) is grounds for dismissal of the
entire action, see McHenry v. Renne, 84 F.3d 1172,
1177, 1178-79 (9th Cir. 1996), in the interest of justice,
the Court will transfer the action to the district with
proper venue rather than have Plaintiff suffer a dismissal.
the relevant facts indicate that the acts complained of
occurred in Los Angeles County, which lies within the venue
of the Western Division of the Central District of
California, see 28 U.S.C. § 84(c)(2), venue
properly lies in that district and not in this one.
See 28 U.S.C. § 1391(b).
foregoing reasons, this case is TRANSFERRED
to the United States District Court for the Central District
of California. See 28 U.S.C. § 1406(a).
Clerk shall terminate all pending motions and transfer the
entire file to the Western Division of the Central District
of California in Los Angeles. See 28 U.S.C. §