Olivera v. Cate et al
ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/20/2014 ORDERING that this action is TRANSFERRED to the USDC for the Western District of Oklahoma. CASE CLOSED. (Yin, K) [Transferred from California Eastern on 2/21/2014.]
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:13-cv-2376 CKD P
MATTHEW CATE, et al.,
Plaintiff , a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
U.S.C. § 1983. Since May 2012, plaintiff has been housed at the North Fork Correctional Facility
(NFCF) in Sayre, Oklahoma. (ECF No. 1 at 13.) His complaint alleges that, after arriving at
NFCF, he was placed on lockdown and denied all normal programs for five months, while
inmates of other races (plaintiff is Southern Hispanic) were not subject to the lockdown. (Id. at
14-15.) Plaintiff names as defendants four high-level CDCR officials, including Secretary
Matthew Cate, and seven officials at NFCF.
The federal venue statute provides that a civil action “may be brought in (1) a judicial
district in which any defendant resides, if all defendants are residents of the State in which the
district is located, (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of property that is the subject of the action
is situated, or (3) if there is no district in which an action may otherwise be brought as provided in
this action, any judicial district in which any defendant is subject to the court’s personal
jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
Venue of this action is technically appropriate in the Eastern District of California because
the Director of the California Department of Corrections and Rehabilitation (hereafter “CDCR
Director”) resides in this district. Nevertheless, the court is transferring this action to Western
District of Oklahoma pursuant to 28 U.S.C. § 1404(a) in the interests of justice for the following
It is clear that plaintiff is suing the CDCR officials solely in a respondeat superior
capacity. Additionally, plaintiff is seeking monetary damages only and has not stated a claim for
injunctive relief. As such, the CDCR defendants are subject to be dismissed from this 42 U.S.C.
§ 1983 action. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979). Venue would then be
improper in this district because no defendant would be found here. Venue would also be
improper because the claims for which plaintiff seeks relief took place in the Western District of
Oklahoma. Thus, it is appropriate that those claims be litigated in that district.
IT IS THEREFORE ORDERED that this action is transferred to the Western District of
Dated: February 20, 2014
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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