Souza v. Hartnett et al

Filing 7

ORDER Dismissing Complaint for Improper Venue. Signed by Judge Marilyn L. Huff on 1/8/2018. (All non-registered users served via U.S. Mail Service)(jjg)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 MARTIN SOUZA, Plaintiff, 11 12 Case No.: 3:17-cv-01565-H-JMA ORDER DISMISSING COMPLAINT FOR IMPROPER VENUE v. 17 JAMES T. HARTNETT; PAUL CRIDEN; BLAS SERRANO; MICHAEL CAIN; NORA RILEY; GERI SMITH; the Hon. JAMES S. GWIN; DONALD LASTER; DURAN BANNER; VICTORIA WEBSTER; ROGER WILLIAMS; and FIDELITY ASSET MANAGER 50% FUND, 18 Defendants. 13 14 15 16 19 20 On August 3, 2017, Plaintiff Martin Souza filed a pro se complaint for damages 21 against several federal officers and employees. (Doc. No. 1.) On December 1, 2017, the 22 Court ordered Plaintiff to show cause why the case should not be dismissed for failure to 23 effectuate timely service of process. (Doc. No. 2.) See Civil Local Rule 4.1(b). On 24 December 13, 2017, the Court also ordered Plaintiff to show cause why the case should not 25 be dismissed for improper venue. (Doc. No. 3.) The Court held a show-cause hearing on 26 January 8, 2018, which Plaintiff attended. 27 “A civil action in which a defendant is an officer or employee of the United States 28 or any agency thereof acting in his official capacity or under color of legal authority . . . 1 3:17-cv-01565-H-JMA 1 may . . . be brought in any judicial district in which (A) a defendant in the action resides, 2 (B) a substantial part of the events or omissions giving rise to the claim occurred . . . or 3 (C) the plaintiff resides if no real property is involved in the action.” 4 § 1391(e)(1). 5 wrongful action within this District. Moreover, none of the Defendants apparently reside 6 in this District. Finally, Plaintiff admits that he lives in San Jacinto, Riverside County, 7 California, which is located in the Central District of California. (Doc. No. 1.) See 8 28 U.S.C. § 84(c)(1). 9 10 11 28 U.S.C. Plaintiff’s complaint does not allege that Defendants committed any The Court accordingly dismisses this action for improper venue. IT IS SO ORDERED. DATED: January 8, 2018 12 13 MARILYN L HUFF, District Judge UNITED STATES DISTRICT COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3:17-cv-01565-H-JMA

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