Pigg v. Gamble et al

Filing 13

ORDER OF TRANSFER. Signed by Judge Thelton E. Henderson on 03/13/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 3/14/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C-12-5009 TEH (PR)

RANDY PIGG,
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Plaintiff,

ORDER OF TRANSFER

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v.
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United States District Court
For the Northern District of California

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GERTRUDE GAMBLE, JOHN M. PARSONS,
JOHNSTON H. CHANDLER and ERNEST
TERRELL, JR.,

(Doc. #11)

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Defendants.
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/

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Plaintiff Randy Pigg, an inmate at the California
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Correctional Training Facility at Soledad, filed a pro se action
against Gertrude Gamble, John M. Parsons, Johnston H. Chandler,
Ernest Terrell, Jr. and others regarding real property located in
Shreveport, Louisiana.

On November 8, 2012, this Court dismissed

the complaint with leave to amend for Plaintiff to demonstrate that
the Court has either federal question or diversity jurisdiction over
his complaint, which appeared only to plead state law causes of
action.
Plaintiff has filed a motion for appointment of counsel,
doc. #11, and he has submitted other documents to the Court, which

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have been received, but have not been filed.1

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“Court Ordered First Amended Complaint Re: Diversity Jurisdiction,”

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has been filed.

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that he is pleading diversity jurisdiction and that five Defendants

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are located in Shreveport, Louisiana, one Defendant is located in

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Texas and one Defendant is located in Oklahoma.

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Therefore, Plaintiff has pleaded diversity jurisdiction.

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this case must be transferred because venue in this district is

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improper.

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In this document, Plaintiff indicates

Doc. #12.
However,

Under the federal venue statute, a civil action may be
brought in –-

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(1) a judicial district in which any defendant
resides, if all of defendants are residents of
the State in which the district is located;

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(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
property that is the subject of the action is
situated; or

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(3) if there is no district in which an action
may otherwise be brought as provided in this
section, any judicial district in which any
defendant is subject to the court’s jurisdiction
with respect to such action.

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Doc. #12.

A document entitled,

28 U.S.C. § 1391(b).

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Where a case is filed in an improper venue, the district

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Several documents are requests for the Court to issue orders
regarding the real property at issue, such as: (1) “Request for, to
Stop Production of Machinery Wells; Cease and Desist Order;”
(2) “Re: Machinery Drilling Operator’s Individual Duty;” and
(3) “Request Vendor’s Lien Against the Interests of John M. Parsons.”
Other documents appear to be portions of a First Amended Complaint,
which is properly submitted as one document. As discussed below, this
case is transferred to the Western District of Louisiana and this
Court no longer has authority to consider Plaintiff’s requests.
Therefore, these documents will be returned to Plaintiff.
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court has the discretion either to dismiss the case or transfer it

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to the proper federal court “in the interest of justice.”

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§ 1406(a).

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defendant has not yet filed a responsive pleading and the time for

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doing so has not run.

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Cir. 1986).

28 U.S.C.

Venue may be raised by the court sua sponte where the

Costlow v. Weeks, 790 F.2d 1486, 1488 (9th

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Furthermore, under 28 U.S.C. § 1404(a), “For the

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convenience of parties and witnesses, in the interests of justice, a

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court may transfer any civil action to any other district or

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division where it might have been brought . . .”
Because no Defendant resides in this district, the

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property that is the subject of this action is not situated in this

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district, and the events or omissions giving rise to Plaintiff’s

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claims did not occur in this district, venue in this district is

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improper and the case must be dismissed or transferred.

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Louisiana, where five of the seven Defendants reside, where the

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property that is the subject matter of this action is situated and

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where the events or omissions giving rise to Plaintiff’s claims most

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likely arose lies within the venue of the United States District

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Court for the Western District of Louisiana.

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Shreveport,

Accordingly, IT IS ORDERED in the interests of justice and

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pursuant to 28 U.S.C. §§ 1406(a) and 1404(a), that this action be

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TRANSFERRED to the Western District of Louisiana.

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Plaintiff’s pending motion for appointment of counsel is deferred to

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the Western District of Louisiana.

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Plaintiff has submitted will be returned to him.

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Ruling on

The extraneous documents that

The Clerk of the Court shall transfer this case, terminate
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docket number 11 and return Plaintiff’s documents to him.

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IT IS SO ORDERED.
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DATED

03/13/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\Pigg 12-5009-tran improper venue.wpd

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