Josue Flores v. J. Fitter et al

Filing 17

ORDER Transferring this Action to the Central District of California, signed by Magistrate Judge Gary S. Austin on 01/22/15. Case Transferred to District of Central District. (Gonzalez, R) [Transferred from California Eastern on 1/23/2015.]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:14 cv 00336 AWI GSA PC

JOSUE FLORES,

ORDER TRANSFERRING THIS ACTION
TO THE CENTRAL DISTRICT OF
CALIFORNIA

vs.

J. FITTER, M.D., et al.,
Defendants

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule

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302 pursuant to 28 U.S.C. § 636(b)(1).

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This action proceeds on the August 13, 2014, first amended complaint. Plaintiff, an

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inmate in the custody of the California Department of Corrections and Rehabilitation (CDCR) at

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the R.J. Donovan Correctional Facility in San Diego, brings this action against correctional

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officials employed by the CDCR at Lancaster State Prison. Plaintiff claims that he was subjected

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to inadequate medical care such that it violated the Eighth Amendment prohibition on cruel and

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unusual punishment.

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Plaintiff sets forth in detail the conduct of Defendants while he was housed at CSP

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Lancaster. Although Plaintiff makes reference to medical care while he was housed at CSP

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Corcoran, the bulk of the allegations in the complaint occurred at Lancaster. Lancaster is located

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in Los Angeles County, in the Central District of California. CSP Corcoran is located in Kings

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County, in the Eastern District of California.

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“For the convenience of parties and witnesses, in the interest of justice, a district court
may transfer any civil action to any other district or division where it might have been brought.”
28 U.S.C. § 1404(a). The federal venue statute requires that a civil action, other than one based
on diversity jurisdiction, be brought only 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 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.” 28 U.S.C. § 1391(b). The
decision to transfer venue of a civil action under § 1404(a) lies soundly within the discretion of
the trial court. Jones v. GNC Franchising, Inc., 211 F.3d 495, 498 (9th Cir. 2000).
Because a substantial part of the events at issue occurred at CSP Lancaster, and because all

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of the named Defendants are employed at CSP Lancaster, the Court will transfer this case to the

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Central District. Should Plaintiff desire to proceed against any individuals employed at CSP

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Corcoran, he should file a separate civil action in this district. Plaintiff is advised that in order to

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hold an individual defendant liable, he must name the individual defendant, describe where that

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defendant is employed and in what capacity, and explain how that defendant acted under color of

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state law. Plaintiff should state clearly, in his own words, what happened. Plaintiff must

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describe what each defendant, by name, did to violate the particular right described by Plaintiff.

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Accordingly, IT IS HEREBY ORDERED that this action is transferred to the United
States District Court for the Central District of California.

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IT IS SO ORDERED.

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Dated:

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/s/ Gary S. Austin

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UNITED STATES MAGISTRATE JUDGE

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January 22, 2015

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