Cohea v. Melo

Filing 13

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 2/27/2015. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 3/3/2015) [Transferred from cand on 3/5/2015.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DANNY JAMES COHEA, J13647,
Plaintiff(s),

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vs.
M. MELO, et al.,
Defendant(s).

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No. C 14-4288 CRB (PR)
ORDER OF TRANSFER
(Dkt #7 & 12)

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Plaintiff Danny James Cohea, a state prisoner incarcerated at California State

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Prison, Corcoran (CSP – COR) and a frequent filer in federal court, has filed a

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voluminous pro se civil rights complaint under 42 U.S.C. § 1983 alleging various

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violations of his constitutional rights at “CSP – COR” from the time he was transferred

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there on “January 24, 2008” “through 2013.” Compl. at 3. Among other things,

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plaintiff challenges the “unconstitutional application” of “sexual misconduct/sexual

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behavior policies” and the “use of disciplinary policies as a ruse and cover to punish

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plaintiff for exercising his First Amendment rights.” Id. at 5. Plaintiff properly names

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as defendants in this § 1983 action several state officials from the California Department

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of Corrections and Rehabilitation (CDCR) and from CSP – COR, but improperly names

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as defendants several federal officials, including a district judge of this court and dozens

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of other federal judges and federal court officials. See id. at 5-15.

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Venue generally is proper in a judicial district in which: (1) any defendant

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resides, if all defendants are residents of the state in which the district is located; (2) a

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

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substantial part of property that is the subject of the action is situated; or (3) any

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defendant is subject to the court’s personal jurisdiction, if there is no district in which

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the action may otherwise be brought. 28 U.S.C. § 1391(b).

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Here, a substantial part of the events or omissions giving rise to plaintiff’s claims

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occurred, and all the viable defendants named reside, in a county within the venue of the

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Eastern District of California (e.g., Kings County, where CSP – COR is located, and

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Sacramento County, where CDCR is headquartered). See 28 U.S.C. § 84(b). Venue

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therefore properly lies in the Eastern District. See id. § 1391(b).

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Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28

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U.S.C. § 1406(a), this action be TRANSFERRED to the United States District Court for

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the Eastern District of California.

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The clerk shall transfer this matter and terminate all pending motions (see dkt. #7

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& 12) without prejudice to plaintiff renewing them in the Eastern District.

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SO ORDERED.

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DATED:

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Feb. 27, 2015
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\CR.14\Cohea, D.14-4288.transfer.wpd

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