McKenzie v. Jorizzo et al

Filing 24

ORDER: Defendant Medical Eye Center's motion to dismiss for improper venue 19 is DENIED. In the event this case proceeds to trial, Defendant may move the court to transfer this matter to Medford for trial. LR 3-3(b). IT IS SO ORDERED. Signed on 2/3/2014 by Judge Michael W. Mosman. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
GUSTAVO McKENZIE,
Plaintiff,

1:13-cv-01302-HU
ORDER

v.
PAUL A. JORIZZO, M.D., et al.,
Defendants.
Mosman, Judge
Plaintiff, an inmate at Pelican Bay State Prison, brings this
civil rights action pursuant to 42 U.S.C. § 1983.

In the caption

of his original and amended complaints, plaintiff incorrectly
identifies Portland as the division where "divisional venue" lies.
See LR 3-2(b) ("'divisional venue' means the division of the court
in which a substantial part of the events or omissions giving rise
to the claim occurred"). Defendant Medical Eye Center-Medford moves
to dismiss this action on the basis that "divisional venue" lies in
Medford.
Pursuant to this Court's case management plan, prisoner civil
rights cases are assigned on a district-wide basis (rather than by

1 - ORDER

division).

Consequently, although the Clerk of the Court assigned

this case a Medford division code, the case was randomly assigned
to a Portland judge.

Accordingly, Defendant Medical Eye Center's

motion to dismiss for improper venue (#19) is DENIED.

In the event

this case proceeds to trial, Defendant may move the court to
transfer this matter to Medford for trial.

LR 3-3(b).

IT IS SO ORDERED.
DATED this

3rd

day of February, 2014.

/s/ Michael W. Mosman
Michael W. Mosman
United States District Judge

2 - ORDER