Linthecome v. Junious et al

Filing 28

ORDER DENYING Plaintiff's 26 Motion to Amend AND 27 Motion for Change of Venue, signed by Magistrate Judge Barbara A. McAuliffe on 8/3/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARCUS LEON LINTHECOME,

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CASE NO. 1:11-cv-00923-AWI–BAM PC

Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO AMEND AND MOTION FOR CHANGE
OF VENUE

v.
MAURICE JUNIOUS, et al.,

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(ECF Nos. 26, 27)

Defendants.
/

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Plaintiff Marcus Leon Linthecome is a former state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 25, 2012, findings and

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recommendations issued recommending this action be dismissed for Plaintiff’s failure to file an

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amended complaint in compliance with the order issued on April 26, 2012. (ECF No. 25.) Plaintiff

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was granted thirty days in which to file objections to the recommendations. On July 31, 2012,

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Plaintiff filed a motion to amend and a motion to request a change of venue. (ECF No. 26, 27.)

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On June 8, 2012, Plaintiff’s first amended complaint was stricken from the record for failure

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to comply with the order issued April 26, 2012, and Plaintiff was granted thirty days in which to file

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an amended complaint. Plaintiff was advised that if he failed to file an amended complaint in

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compliance with the order, this action would be dismissed for failure to state a claim. Plaintiff did

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not file an amended complaint, and findings and recommendations issued on July 25, 2012,

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recommending this action be dismissed for failure to state a claim. At this juncture, Plaintiff must

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file objections to the findings and recommendations. Plaintiff’s motion to file an amended complaint

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is denied.
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Plaintiff requests that this action be transferred to another venue. The federal venue statute

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requires that a civil action, other than one based on diversity jurisdiction, be brought only in “(1) a

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judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial

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district in which a substantial part of the events or omissions giving rise to the claim occurred, or a

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substantial part of the property that is the subject of the action is situated, or (3) a judicial district in

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which any defendant may be found, if there is no district in which the action may otherwise be

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brought.” 28 U.S.C. § 1391(b). “For the convenience of the parties and witnesses, in the interest

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of justice, a district court may transfer any civil action to any other district or division where it might

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have been brought.” 28 U.S.C. § 1404(a). Plaintiff fails to state the venue he is requesting or set

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forth any reason for this action to be transferred. Accordingly, Plaintiff’s motion for a change of

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venue is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to file an amended complaint, filed July 31, 2012, is DENIED; and

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2.

Plaintiff’s motion for a change of venue, filed July 31, 2012, is DENIED.

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IT IS SO ORDERED.
Dated:
10c20k

August 3, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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