Hill v. CDCR, et al.

Filing 22

ORDER DENYING 21 Motion for Change of Venue and ORDER DENYING 3 , 12 , 18 Plaintiff's Motions for Transfer and for Court to Obtain Video signed by Magistrate Judge Gary S. Austin on 2/14/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY LEE HILL,

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Plaintiff,

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vs.
CDCR, et al.,

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Defendants.

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I.

1:14-cv-00002-LJO-GSA-PC
ORDER DENYING MOTION FOR
CHANGE OF VENUE
(Doc. 6.)
ORDER DENYING PLAINTIFF’S
MOTIONS FOR TRANSFER AND FOR
COURT TO OBTAIN VIDEO
(Docs. 3, 12, 18.)

BACKGROUND

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Tony Lee Hill (APlaintiff@) is a state prisoner in the custody of the California

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Department of Corrections and Rehabilitation (CDCR), proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the Complaint

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commencing this action on January 2, 2014. (Doc. 1.) On January 21, 2014, Plaintiff filed the

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First Amended Complaint. (Doc. 14.) On February 3, 2014, Plaintiff filed a motion for leave

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to amend the complaint. (Doc. 16.) The court granted Plaintiff’s motion, and the Second

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Amended Complaint was filed on February 3, 2014. (Docs. 19, 20.) The Second Amended

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Complaint awaits the court’s requisite screening under 28 U.S.C. § 1915A. No other parties

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have made an appearance.

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On February 13, 2014, Plaintiff filed a motion for change of venue, or in the alternative,

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for the court to grant his pending motions for transfer and for the court to obtain a video from

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prison officials. (Doc. 21.)

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II.

PLAINTIFF’S MOTION

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

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another district. Plaintiff argues that he “do[es] not believe that this court serves [his] best

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interest in seeking justice in this matter,” based on the fact that the Court has not yet ruled on

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his pending motions. Plaintiff also complains that this Court did not return a copy of his

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motion for injunctive relief to him, without explanation.

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In the alternative, Plaintiff requests that the court grant his pending motions, in which

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he requests immediate transfer to another state prison, and requests the court to obtain a copy of

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a video from prison officials. Plaintiff alleges that his safety is at risk at WSP because prison

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officials are presently retaliating against him by poisoning his food.

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A.

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

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may transfer any civil action to any other district or division where it might have been

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brought." 28 U.S.C. ' 1404(a). The federal venue statute requires that a civil action, other than

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one based on diversity jurisdiction, be brought only in A(1) a judicial district where any

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

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

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

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defendant may be found, if there is no district in which the action may otherwise be brought.@

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28 U.S.C. ' 1391(b). AUpon motion, consent or stipulation of all parties, any action, suit or

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proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the

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discretion of the court, from the division in which pending to any other division in the same

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district.@ 28 U.S.C. '1404(b). AA district court may order any civil action to be tried at any

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place within the division in which it is pending.@ 28 U.S.C. '1404(c).

Change of Venue

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Discussion

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Plaintiff=s claims in the Second Amended Complaint, brought pursuant to 42 U.S.C. '

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1983, stem from events that occurred at Wasco Prison (AWSP@) in Wasco, California, where

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Plaintiff is presently incarcerated, and all of the defendants named in Plaintiff=s Second

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Amended Complaint were employed at WSP or for the CDCR in Sacramento, California, at the

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time of the events at issue. Because all of the defendants reside in the Eastern District, and all

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of the events giving rise to Plaintiff=s claim occurred in the Eastern District, venue for this

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action is proper only in the Eastern District, and the action could not have been brought in any

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other district. Therefore, the Court may not transfer this action to another district. Moreover,

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Plaintiff’s arguments that venue should be changed because the Court has not resolved his

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pending motions or provided him with copy work, are without merit. For these reasons,

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Plaintiff’s motion for change of venue shall be denied.

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B.

Motions for Transfer and for the Court to Obtain Copy of Video

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Federal courts are courts of limited jurisdiction, and as a preliminary matter, the court

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must have before it an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95,

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102, 103 S.Ct. 1660, 1665 (1983); Valley Forge Christian Coll. v. Ams. United for Separation

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of Church and State, Inc., 454 U.S. 464, 471, 102 S.Ct. 752, 757-58 (1982); Jones v. City of

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Los Angeles, 444 F.3d 1118, 1126 (9th Cir. 2006). If the court does not have an actual case or

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controversy before it, it has no power to hear the matter in question. Id. Thus, A[a] federal

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court may issue an injunction [only] if it has personal jurisdiction over the parties and subject

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matter jurisdiction over the claim; it may not attempt to determine the rights of persons not

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before the court.@ Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir.

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1985).

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Discussion

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Plaintiff requests to be transferred to another prison to protect him from present and

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future acts of retaliation. The Court lacks jurisdiction to issue an order requiring prison

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officials to transfer him based on retaliatory acts occurring after this action was filed, because

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the Court does not have such a case or controversy before it in this action. Moreover, because

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none of the defendants have appeared in this action, the Court does not have jurisdiction to

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issue an order requiring them to transfer Plaintiff or provide a video to the court.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff=s motion for change of venue, filed on February 13, 2014 is DENIED;
and

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2.

Plaintiff’s motions for transfer and for the court to obtain a video from prison

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officials, filed on January 2, 2014, January 21, 2014, and February 3, 2014, are

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DENIED for lack of jurisdiction.

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IT IS SO ORDERED.
Dated:

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February 14, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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