Brown v. Ollison et al

Filing 3

ORDER transferring civil action for lack of proper venue to Central District of CA, Eastern Division. Signed by Judge Dana M. Sabraw on 9/27/06. (cag)

Brown v. Ollison et al

Doc. 3

Case 3:06-cv-01977-DMS-NLS

Document 3

Filed 09/27/2006

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Plaintiff, a prisoner currently incarcerated at Centinela State Prison in Imperial, California, D. OLLISON, et al., Defendants. vs. REGINALD BROWN, CDC #T-86504, Plaintiff, Civil No. 06-1977 DMS (NLS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER TRANSFERRING CIVIL ACTION FOR LACK OF PROPER VENUE TO THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION PURSUANT TO 28 U.S.C. § 84(c)(1), 28 U.S.C. § 1391(b) AND 28 U.S.C. § 1406(a)

19 filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 in this Court on September 18, 2006. 20 Plaintiff claims that, while he was incarcerated at Ironwood State Prison, his constitutional rights 21 were violated by Ironwood prison officials. (Compl. at 1.) 22

Plaintiff did not prepay the $350 civil filing fee mandated by 28 U.S.C. § 1914(a); instead

23 Plaintiff has filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. 24 § 1915(a) [Doc. No. 2]. 25 / / / 26 / / / 27 / / / 28 / / /

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06cv1977

Dockets.Justia.com

Case 3:06-cv-01977-DMS-NLS

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Filed 09/27/2006

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I. Lack of Proper Venue Upon initial review of the Complaint, the Court finds that Plaintiff's case lacks proper

4 venue. Venue may be raised by a court sua sponte where the defendant has not yet filed a 5 responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486, 6 1488 (9th Cir. 1986). "A civil action wherein jurisdiction is not founded solely on diversity of 7 citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district 8 where any defendant resides, if all defendants reside in the same State, (2) a judicial district in 9 which a substantial part of the events or omissions giving rise to the claim occurred, or a 10 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 11 which any defendant may be found, if there is no district in which the action may otherwise be 12 brought." 28 U.S.C. § 1391(b); Costlow, 790 F.2d at 1488; Decker Coal Co. v. Commonwealth 13 Edison Co., 805 F.2d 834, 842 (9th Cir. 1986). "The district court of a district in which is filed 14 a case laying venue in the wrong division or district shall dismiss, or if it be in the interests of 15 justice, transfer such case to any district in or division in which it could have been brought." 28 16 U.S.C. § 1406(a). 17 Here, Plaintiff claims constitutional violations originally arising out of events which 18 occurred in Riverside County, not San Diego or Imperial Counties. Moreover, no Defendants are 19 alleged to reside in San Diego or Imperial Counties. Therefore, venue is proper in the Central 20 District of California, Eastern Division, pursuant to 28 U.S.C. § 84(c)(1), not in the Southern 21 District of California. See 28 U.S.C. § 1391(b); Costlow, 790 F.2d at 1488. 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28

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Case 3:06-cv-01977-DMS-NLS

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II. Conclusion and Order Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall transfer this

4 case for lack of proper venue, in the interests of justice and for the convenience of all parties, to 5 the docket of the United States District Court for the Central District of California, Eastern 6 Division, pursuant to 28 U.S.C. § 84(c)(1), 28 U.S.C. § 1391(b) and 28 U.S.C. § 1406(a).1 7 8 DATED: September 27, 2006 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Because the Court finds transfer appropriate, it expresses no opinion and defers ruling on Plaintiff's pending Motion to Proceed IFP [Doc. No. 2] to the Central District.
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HON. DANA M. SABRAW United States District Judge

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06cv1977