Cobar v. U.S. Department of Justice

Filing 4

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 6/21/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 6/21/2012)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

No. C 12-02920 CW (PR)

RENE OSWALD COBAR,
5

ORDER OF TRANSFER

Plaintiff,
6
v.
7
U.S. DEPARTMENT OF JUSTICE,
8
Defendant.
9
/

United States District Court
For the Northern District of California

10
11

Plaintiff, a federal prisoner, has filed a pro se complaint

12

under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, in

13

which he seeks access to certain documents in the possession of the

14

Drug Enforcement Administration (DEA) in its FOI/Records Management

15

Section in Virginia.

16

and is incarcerated at the Federal Correctional Institution (FCI)

17

in Oakdale, Louisiana.

18

Plaintiff was convicted in Las Vegas, Nevada,

Under the FOIA, an agency may be sued in the district where

19

the plaintiff resides or has his principal place of business, or in

20

the district where the records are located, or in the District of

21

Columbia.

22

resides at FCI Oakdale, in Louisiana.

23

that the records he seeks are located at the DEA’s FOI/Records

24

Management Section in Virginia.

25

this district.

26

5 U.S.C. § 552(a)(4)(B).

In this case, Plaintiff
Further, Plaintiff maintains

Therefore, venue is not proper in

When venue is improper, the district court has the discretion

27

either to dismiss the case or transfer it “in the interest of

28

justice.”

28 U.S.C. § 1406(a).

Orders respecting venue are

1

interlocutory in nature and are not appealable prior to final

2

judgment.

3

Cir. 1968).

4

Pacific Car & Foundry Co. v. Pence, 403 F.2d 949 (9th

In the interest of justice and pursuant to 28 U.S.C.

5

§ 1406(a), the Court finds it proper to transfer this action to the

6

district in which Plaintiff resides.

7

hereby TRANSFERRED to the Western District of Louisiana, wherein

8

FCI Oakdale is located.

9
United States District Court
For the Northern District of California

10
11

Accordingly, this action is

28 U.S.C. § 98(c).

The Clerk of the Court shall transfer the case forthwith.
IT IS SO ORDERED.
Dated: 6/21/2012
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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