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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARTIN SOUZA,
Plaintiff,

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Case No.: 3:17-cv-01565-H-JMA
ORDER DISMISSING COMPLAINT
FOR IMPROPER VENUE

v.

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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,

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Defendants.

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On August 3, 2017, Plaintiff Martin Souza filed a pro se complaint for damages

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against several federal officers and employees. (Doc. No. 1.) On December 1, 2017, the

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Court ordered Plaintiff to show cause why the case should not be dismissed for failure to

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effectuate timely service of process. (Doc. No. 2.) See Civil Local Rule 4.1(b). On

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December 13, 2017, the Court also ordered Plaintiff to show cause why the case should not

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be dismissed for improper venue. (Doc. No. 3.) The Court held a show-cause hearing on

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January 8, 2018, which Plaintiff attended.

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“A civil action in which a defendant is an officer or employee of the United States

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or any agency thereof acting in his official capacity or under color of legal authority . . .
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3:17-cv-01565-H-JMA

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may . . . be brought in any judicial district in which (A) a defendant in the action resides,

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(B) a substantial part of the events or omissions giving rise to the claim occurred . . . or

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(C) the plaintiff resides if no real property is involved in the action.”

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§ 1391(e)(1).

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wrongful action within this District. Moreover, none of the Defendants apparently reside

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in this District. Finally, Plaintiff admits that he lives in San Jacinto, Riverside County,

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California, which is located in the Central District of California. (Doc. No. 1.) See

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28 U.S.C. § 84(c)(1).

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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

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MARILYN L HUFF, District Judge
UNITED STATES DISTRICT COURT

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3:17-cv-01565-H-JMA