Pedro Miramontes et al v. L Gower et al

Filing 6

ORDER TO SHOW CAUSE by Magistrate Judge Charles F. Eick. Within 30 days of the date of this Order, Plaintiff shall show case in writing, if there be, why this action should not be transferred to the U.S. District Court for the Eastern District of California on the ground that venue is improper in the Central District of California. Failure timely to respond to this Order to Show Cause may result in the transfer of the action. (sp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PEDRO MIRAMONTES,

) NO. ED CV 15-1115-JFW(E)
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Plaintiff,
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v.
) ORDER TO SHOW CAUSE
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L. GOWER, et al.,
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Defendants.
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)
______________________________)

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On June 9, 2015, Plaintiff, a state prisoner presently

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incarcerated at the California Rehabilitation Center at Norco,

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California, filed: (1) a civil rights Complaint pursuant to 42 U.S.C.

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section 1983; and (2) a “Motion for Relief from Government Code

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section 945.4, etc.”

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commencing when Plaintiff, while incarcerated at the California

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Correctional Center at Susanville, California (“CCC”), allegedly

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sought an “Olsen review”1 of his central prison file.

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a CCC correctional counselor, a CCC appeals screener, a CCC appeals

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coordinator, the CCC Chief Deputy Warden, and a California Department

Plaintiff’s claims arise out of events

Defendants are

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1

See In re Olson, 37 Cal. App. 3d 783, 112 Cal. Rptr.
579 (1974).

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of Corrections and Rehabilitation Appeals Examiner allegedly located

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in Sacramento, California.

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Susanville is a city in Lassen County, California, which is

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located within the Eastern District of California.

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Schwarzenegger, 2007 WL 2600726 (N.D. Cal. Sept. 10, 2007); 28 U.S.C.

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§ 84(b).

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is also located within the Eastern District of California.

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v. Director of CDCR, 2013 WL 5705599 (S.D. Cal. Oct. 18, 2013); 28

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See Pamer v.

Sacramento is a city in Sacramento County, California, which
See Vera

U.S.C. § 84(b).

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Section 1391(b) of Title 28, United States Code, provides:

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A civil action may be brought in--

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(1) a judicial district in which any defendant resides, if all

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defendants are residents of the State in which the district is

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located;

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(2) a judicial district in which a substantial part of the events

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or omissions giving rise to the claim occurred, or a substantial

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part of property that is the subject of the action is situated;

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or

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(3) if there is no district in which an action may otherwise be

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brought as provided in this section, any judicial district in

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which any defendant is subject to the court's personal

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jurisdiction with respect to such action.
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Here, it appears that all Defendants reside in the Eastern

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District of California, and that the events or omissions giving rise

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to Plaintiff’s purported claims allegedly occurred within the Eastern

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District of California.

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Central District of California.

Therefore, venue appears improper in the

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Section 1406(a) of Title 28, United States Code, provides:

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The district court of a district in which is filed a case

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laying venue in the wrong division or district shall

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dismiss, or if it be in the interest of justice, transfer

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such case to any district or division in which it could have

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been brought.

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This Court has the power to decide the venue issue on its own

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motion and to dismiss or transfer the action before a responsive

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pleading is filed.

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Cir. 1986).

See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th

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Within thirty (30) days of the date of this Order, Plaintiff

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shall show cause in writing, if any there be, why this action should

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not be transferred to the United States District Court for the Eastern

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District of California on the ground that venue is improper in the

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Central District of California.

Failure timely to respond to this

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Order to Show Cause may result in the transfer of the action.2

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DATED:

June 17, 2015.

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/S/
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE

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The Court need not rule on Plaintiff’s “Motion for
Relief, etc.” unless and until the Court determines that venue is
proper in this District.
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