Williams v. Rodriguez et al

Filing 40

ORDER DENYING 33 Plaintiff's Motion for Change of Venue signed by Magistrate Judge Gary S. Austin on 6/12/2012. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LONNIE WILLIAMS,

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1:09-cv-01882-LJO-GSA-PC

Plaintiff,

ORDER DENYING MOTION FOR CHANGE OF
VENUE
(Doc. 33.)

v.
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P. RODRIGUEZ, et al.,
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Defendants.
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I.

RELEVANT PROCEDURAL HISTORY

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Lonnie Williams (“Plaintiff”) is a state prisoner in the custody of the California Department

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of Corrections and Rehabilitation, proceeding pro se and in forma pauperis with this civil rights

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action pursuant to 42 U.S.C. § 1983. This action was initiated by civil Complaint filed by Plaintiff

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on October 27, 2009. (Doc. 1.) No other parties have appeared.

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On December 30, 2011, Plaintiff filed a motion for change of venue, which is now before the

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Court. (Doc. 33.)

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II.

CHANGE OF VENUE

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"For the convenience of parties and witnesses, in the interest of justice, a district court may

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transfer any civil action to any other district or division where it might have been brought." 28

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U.S.C. § 1404(a). The federal venue statute requires that a civil action, other than one based on

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diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
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defendants reside in the same State, (2) a judicial district in which a substantial part of the events or

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omissions giving rise to the claim occurred, or a substantial part of the property that is the subject

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of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no

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district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b). “Upon motion, consent

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or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing

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thereof, may be transferred, in the discretion of the court, from the division in which pending to any

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other division in the same district.” 28 U.S.C. §1404(b). “A district court may order any civil

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action to be tried at any place within the division in which it is pending.” 28 U.S.C. §1404(c).

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Plaintiff brings a motion for change of venue from the Eastern District of California to the

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Southern District of California. At the time Plaintiff filed the motion, he was housed at the R. J.

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Donovan Correctional Facility (RJDCF) in San Diego, California, which is located in the Southern

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District of California. Plaintiff argues that he should not be transported within the Eastern District

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because of his health. Plaintiff asserts that he suffers from HIV and has been permanently restricted

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from housing in Kings County, Kern County, or any other [San Joaquin] Valley state prison, due to

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the danger of contracting Valley Fever. Plaintiff contends that he can only be housed at RJDCF,

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California State Prison-Los Angeles County in Lancaster, or Mule Creek State Prison, all which are

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located outside the Eastern District. Plaintiff has knowledge that he may be transferred to Corcoran

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State Prison (“CSP”), in Corcoran, California, within the Eastern District, and housed there while

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he attends court for this action, and he is fearful for his health. Plaintiff also argues that it will be

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costly to transport him from San Diego to Corcoran and back.

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Plaintiff’s claims in this action, brought pursuant to 42 U.S.C. § 1983, stem from events that

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occurred in 2009 at CSP, when Plaintiff was housed there, and all of the defendants named in

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Plaintiff’s Complaint were employed at CSP at the time of the events at issue. Because all of the

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defendants reside in the Eastern District, and all of the events giving rise to Plaintiff’s claims

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occurred in the Eastern District, venue for this action is proper in the Eastern District, and the action

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could not have been brought in any other district. Therefore, the Court may not transfer this action

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to the Southern District of California.

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It appears from the court docket that Plaintiff has now been transferred to California State

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Prison-Sacramento (“CSP-Sac”), which is located in the San Joaquin Valley and the Eastern District

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of California. Due to Plaintiff’s transfer to CSP-Sac, Plaintiff’s motion for change of venue to avoid

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being transported within the Eastern District is moot.

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III.

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CONCLUSION
In light of the foregoing, Plaintiff’s motion for change of venue, filed on December 30, 2011,

is DENIED.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 12, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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