Flores v. Fitter et al

Filing 17

ORDER Transferring this Action to the Central District of California, signed by Magistrate Judge Gary S. Austin on 01/22/15. Case Transferred to District of Central District. (Gonzalez, R)

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1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 2 3 4 5 6 7 Plaintiff, 8 9 10 11 Case No. 1:14 cv 00336 AWI GSA PC JOSUE FLORES, ORDER TRANSFERRING THIS ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA vs. J. FITTER, M.D., et al., Defendants 12 13 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 14 action pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 15 302 pursuant to 28 U.S.C. § 636(b)(1). 16 This action proceeds on the August 13, 2014, first amended complaint. Plaintiff, an 17 inmate in the custody of the California Department of Corrections and Rehabilitation (CDCR) at 18 the R.J. Donovan Correctional Facility in San Diego, brings this action against correctional 19 officials employed by the CDCR at Lancaster State Prison. Plaintiff claims that he was subjected 20 to inadequate medical care such that it violated the Eighth Amendment prohibition on cruel and 21 unusual punishment. 22 Plaintiff sets forth in detail the conduct of Defendants while he was housed at CSP 23 Lancaster. Although Plaintiff makes reference to medical care while he was housed at CSP 24 Corcoran, the bulk of the allegations in the complaint occurred at Lancaster. Lancaster is located 25 in Los Angeles County, in the Central District of California. CSP Corcoran is located in Kings 26 County, in the Eastern District of California. 27 28 1 1 2 3 4 5 6 7 8 9 10 11 “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404(a). The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b). The decision to transfer venue of a civil action under § 1404(a) lies soundly within the discretion of the trial court. Jones v. GNC Franchising, Inc., 211 F.3d 495, 498 (9th Cir. 2000). Because a substantial part of the events at issue occurred at CSP Lancaster, and because all 12 of the named Defendants are employed at CSP Lancaster, the Court will transfer this case to the 13 Central District. Should Plaintiff desire to proceed against any individuals employed at CSP 14 Corcoran, he should file a separate civil action in this district. Plaintiff is advised that in order to 15 hold an individual defendant liable, he must name the individual defendant, describe where that 16 defendant is employed and in what capacity, and explain how that defendant acted under color of 17 state law. Plaintiff should state clearly, in his own words, what happened. Plaintiff must 18 describe what each defendant, by name, did to violate the particular right described by Plaintiff. 19 20 Accordingly, IT IS HEREBY ORDERED that this action is transferred to the United States District Court for the Central District of California. 21 22 IT IS SO ORDERED. 23 Dated: 24 /s/ Gary S. Austin 25 UNITED STATES MAGISTRATE JUDGE 26 27 28 2 January 22, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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