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McCoy v. Stronach

United States District Court, E.D. California

December 17, 2019

JOSEPH RAYMOND MCCOY, Plaintiff,
v.
STRONACH, et al., Defendants.

          ORDER DENYING PLAINTIFF'S MOTION FOR CHANGE OF VENUE [ECF Nos. 187, 191]

         Plaintiff Joseph Raymond McCoy is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

         Currently before the Court is Plaintiff's motion for a change of venue, filed October 21, 2019.

         I.

         RELEVANT BACKGROUND

         This action is proceeding against Defendants Stronach, Gonzales, LeMay, Beltran, Fisher, Snell and Tann for deliberate indifference to a serious medical need in violation of the Eighth Amendment.

         On April 25, 2019, the Court issued an amended scheduling order. (ECF No. 129.)

         As previously stated, on October 21, 2019, Plaintiff filed a motion for change of venue. (ECF Nos. 187, 191.) Defendants filed an opposition on November 12, 2019. (ECF No. 199.) Plaintiff did not file a reply.

         II.

         DISCUSSION

         Venue is governed by 28 U.S.C. § 1391 which provides that a civil action, other than one based on diversity, be brought in “(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (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) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

         Where a court finds that venue is proper, it may still transfer an action to another district in which it could have been brought “[f]or the convenience of the parties and witnesses, [or] in the interest of justice[.] 28 U.S.C. § 1404(a). “Section 1404(a) is intended to place discretion in the district court to adjudicate motions for transfer according to an ‘individualized, case-by-case consideration of convenience and fairness.'” Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29 (1988) (quoting Van Dusen v. Barrack, 376 U.S. 612, 622 (1964)).

         Once the court has determined that venue is proper, the moving party must present strong grounds for transferring the action. Safarian v. Maserati N. Am., Inc., 559 F.Supp.2d 1068, 1071 (C.D. Cal. 2008). In making the inquiry regarding whether the action should be transferred, “the court should consider private and public interest factors affecting the convenience of the forum.” Decker Coal Co. v. Commonwealth Edison Co., 805 F.2d 834, 843 (9th Cir. 1986).

         III.

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