Stafford vs. Brazelton

Filing 6

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 10/11/12. (jjoS, COURT STAFF) (Filed on 10/11/2012) [Transferred from cand on 10/12/2012.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BRIAN KEITH STAFFORD,
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Plaintiff,
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v.
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P.D. BRAZELTON, Warden,
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Defendant.
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No. C 12-3355 JSW (PR)
ORDER OF TRANSFER

(Docket Nos. 5, 6)

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Plaintiff, a California prisoner incarcerated at Pleasant Valley State Prison
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(“PVSP”), wrote a letter to this Court complaining of conditions there. He was
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instructed to file a complaint if he wanted to proceed with his claims. In response, he
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filed a motion for an extension of time in which to file such a complaint. In his motion
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he indicates that he wishes to pursue claims against PVSP officials based upon events
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occurring there.
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When, as here, jurisdiction is not founded solely on diversity, venue is proper in
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the district in which (1) any defendant resides, if all of the defendants reside in the same
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state, (2) the district in which a substantial part of the events or omissions giving rise to
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the claim occurred, or a substantial part of property that is the subject of the action is
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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). Where a
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case is filed in the wrong venue, the district court has the discretion either to dismiss the
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case or transfer it to the proper federal court “in the interest of justice.” 28 U.S.C. §
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1406(a). Venue may be raised by the court sua sponte where the defendant has not yet
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filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790

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F.2d 1486, 1488 (9th Cir. 1986).

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Plaintiff’s claims arise out of events occurring at PVSP in Coalinga, California,

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where Defendants are located. Coalinga lies within the venue of the United States

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District Court for the Eastern District of California.

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Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C.

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§ 1406(a), that this action be TRANSFERRED to the United States District Court for the

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Eastern District of California. Ruling on Plaintiff’s motions for an extension of time and

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for leave to proceed in forma pauperis are deferred to the Eastern District.

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The Clerk of the Court shall terminate the motions from this Court’s docket
(docket numbers 5 and 6) and shall transfer this matter forthwith.
IT IS SO ORDERED.
DATED: October 11, 2012
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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BRIAN-KEITH STAFFORD,

Case Number: CV12-03355 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.

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/ et al,

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Defendant.

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/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on October 11, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.

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Brian Keith Stafford
E97271
P.O. Box 8500
Coalinga, CA 93210-8500
Dated: October 11, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk