(PC) Mrozek v. Eaton et al

Filing 8

ORDER OF TRANSFER. Signed by Judge Jacqueline Scott Corley on 6/6/2024. The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the Court defers to the Eastern District for ruling on the motion for leave to proceed in forma pauperis and the motion for a temporary restraining order. (ahm, COURT STAFF) (Filed on 6/6/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 6/6/2024.]

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

BRADLEY JAMES MROZEK,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11
12

Case No. 24-cv-03324-JSC
ORDER OF TRANSFER

v.
PATRICK EATON, et al.,
Defendants.

Plaintiff, a California prisoner proceeding without representation by an attorney, filed this

13

civil rights action under 42 U.S.C. § 1983. Plaintiff is located at the California Training Facility in

14

Soledad, California. He complains about the conditions of his confinement at the Sierra

15

Conservation Center (“SCC”) in Jamestown, California, where he was formerly housed. Three

16

Defendants –- Patrick Eaton, Audrey Cox, and T. Isman –- are located at SSC. Plaintiff also

17

names Ron Broomfield, the Director of the California Department of Corrections and

18

Rehabilitation, as a Defendant; he is located in Sacramento, California.

19

When, as here, jurisdiction is not founded on diversity, venue is proper in the district in

20

which (1) any defendant resides, if all of the defendants reside in the same state, (2) the district in

21

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

22

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

23

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

24

brought. 28 U.S.C. § 1391(b). When a case is filed in the wrong venue, the district court has the

25

discretion either to dismiss the case or transfer it to the proper federal court “in the interest of

26

justice.” 28 U.S.C. § 1406(a).

27
28

Plaintiff’s allegations arise out of events occurring at SCC, and the allegedly responsible
officials are located there and at CDCR. SCC is located in Tuolumne County, and CDCR is

1

located in Sacramento County. Both counties lie within the venue of the United States District

2

Court for the Eastern District of California. See 28 U.S.C. § 84.

3
4
5

Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this case is
TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk of the Court shall transfer this matter forthwith. In light of this transfer, the

6

Court defers to the Eastern District for ruling on the motion for leave to proceed in forma pauperis

7

and the motion for a temporary restraining order.

8
9

IT IS SO ORDERED.
Dated: June 6, 2024

10

United States District Court
Northern District of California

11
JACQUELINE SCOTT CORLEY
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2