Gamba Oluwa v. Ms. D.A. Tidwell et al

Filing 3

Order to Change Venue. Order transferring civil action for lack of proper venue to the Central District of California, Western Division. Original file, certified copy of transfer order, and docket sheet sent. (transfer letter sent)Signed by Judge Barry Ted Moskowitz on 12/27/06. (vet, )

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Gamba Oluwa v. Ms. D.A. Tidwell et al Doc. 3 Case 3:06-cv-02734-BTM-CAB Document 3 Filed 12/28/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Plaintiff, currently incarcerated at Pelican Bay State Prison in Crescent City, California, Defendants. vs. MS. D.A. TIDWELL, et al. RAS ADISA GAMBA OLUWA, CDC #C-48441, Plaintiff, Civil No. 06-2734 BTM (CAB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ORDER TRANSFERRING CIVIL ACTION FOR LACK OF PROPER VENUE TO THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION PURSUANT TO 28 U.S.C. 84(c)(3), 28 U.S.C. 1391(b) AND 28 U.S.C. 1406(a) 20 has filed a civil rights Complaint pursuant to 42 U.S.C. 1983. Plaintiff alleges that his 21 constitutional rights were violated when he was incarcerated at California State Prison in Los 22 Angeles County. Plaintiff did not prepay the $350 civil filing fee mandated by 28 U.S.C. 23 1914(a); instead he filed a Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. 24 1915(a) [Doc. No. 2]. 25 26 I. Lack of Proper Venue Upon initial review of the Complaint, the Court finds that Plaintiff's case lacks proper 27 venue. Venue may be raised by a court sua sponte where the defendant has not yet filed a 28 responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486, K:\COMMON\CHMB_15\Joshua Povill\06cv2734 - Oluwa v. Tidwell (Prisoner 1983)\Order Transferring Action to CD Cal for improper venue.wpd 1 06cv2734 Dockets.Justia.com Case 3:06-cv-02734-BTM-CAB Document 3 Filed 12/28/2006 Page 2 of 2 1 1488 (9th Cir. 1986). "A civil action wherein jurisdiction is not founded solely on diversity of 2 citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district 3 where any defendant resides, if all defendants reside in the same State, (2) a judicial district in 4 which a substantial part of the events or omissions giving rise to the claim occurred, or a 5 substantial part of property that is the subject of the action is situated, or (3) a judicial district in 6 which any defendant may be found, if there is no district in which the action may otherwise be 7 brought." 28 U.S.C. 1391(b); Costlow, 790 F.2d at 1488; Decker Coal Co. v. Commonwealth 8 Edison Co., 805 F.2d 834, 842 (9th Cir. 1986). "The district court of a district in which is filed 9 a case laying venue in the wrong division or district shall dismiss, or if it be in the interests of 10 justice, transfer such case to any district in or division in which it could have been brought." 28 11 U.S.C. 1406(a). 12 Here, Plaintiff claims constitutional violations originally arising out of events which 13 occurred in Lancaster, California, which is located in Los Angeles County. No Defendants are 14 alleged to reside in San Diego or Imperial Counties. Therefore, venue is proper in the Central 15 District of California, Western Division, pursuant to 28 U.S.C. 84(c)(2), not in the Southern 16 District of California. See 28 U.S.C. 1391(b); Costlow, 790 F.2d at 1488. 17 II. Conclusion and Order 18 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall transfer this 19 case for lack of proper venue, in the interests of justice and for the convenience of all parties, to 20 the docket of the United States District Court for the Central District of California, Western 21 Division, pursuant to 28 U.S.C. 84(c)(3), 28 U.S.C. 1391(b) and 28 U.S.C. 1406(a).1 22 23 DATED: December 27, 2006 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 Judge assigned to this case after its transfer to the Central District of California. K:\COMMON\CHMB_15\Joshua Povill\06cv2734 - Oluwa v. Tidwell (Prisoner 1983)\Order Transferring Action to CD Cal for improper venue.wpd Hon. Barry Ted Moskowitz United States District Judge 1 2 06cv2734

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