(PC)Martinez v. Diaz et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/18/2021, TRANSFERRING this case to the Eastern Division of the USDC for the Central District of California. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAVIER MARTINEZ,

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No. 2:21-cv-0111-EFB P

Plaintiff,
v.

ORDER

RALPH DIAZ, et al.,
Defendants.

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Plaintiff is a state prisoner incarcerated at Ironwood State Prison in Blythe, California. He

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is proceeding without counsel in an action brought under 42 U.S.C. § 1983. He claims that on

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January 23, 2020, at least sixteen Ironwood State Prison correctional officers discriminated

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against him and 32 other Hispanic inmates by conducting unlawful cell searches and strip

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searches in the “freezing cold.” ECF No. 1 at 7, 9. He further alleges that numerous defendants

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located in Sacramento County discriminated against him by rejecting the group administrative

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appeals that were subsequently filed and retaliated against him by banning group appeals

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altogether. Id. at 3-4, 8, 11.

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The federal venue statute provides that a civil action “may be brought in (1) a judicial

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district in which any defendant resides, if all defendants are residents of the State in which the

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district is located, (2) a judicial district in which a substantial part of the events or omissions

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giving rise to the claim occurred, or a substantial part of property that is the subject of the action
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is situated, or (3) if there is no district in which an action may otherwise be brought as provided in

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this action, any judicial district in which any defendant is subject to the court’s personal

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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this case, venue could properly lie in two of California’s judicial districts, as Ironwood

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State Prison, located in Riverside County, lies in the Central District, and Sacramento County lies

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in the Eastern District. Because the root of plaintiff’s potential claims arose at Ironwood State

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Prison in Riverside County, the court finds that the interests of justice will be better served by

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transferring this case to the Central District of California. See 28 U.S.C. § 1391(b).

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Accordingly, IT IS ORDERED that this case is transferred to the Eastern Division of the

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United States District Court for the Central District of California. See 28 U.S.C. § 1404(a).

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Dated: February 18, 2021.

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