McClane v. Department of Corrections et al

Filing 6

ORDER that this case be transferred to the Eastern District of Washington in Spokane. Signed by Magistrate Judge J Richard Creatura. **3 PAGE(S), PRINT ALL**(Stephen McClane, Prisoner ID: 890073)(CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 STEPHEN PAUL MCCLANE, 11 12 CASE NO. 3:17-CV-05105-RJB-JRC Plaintiff, ORDER TRANSFERRING CASE v. 13 DEPARTMENT OF CORRECTIONS, et al., 14 15 16 17 18 Defendants. Before the Court is plaintiff’s motion to proceed in forma pauperis and proposed civil rights complaint. Dkts. 1, 2, 4. Because plaintiff’s proposed complaint raises claims related to his medical treatment at Washington State Penitentiary, located in Walla Walla, Washington the Court orders that this case be transferred to the Eastern District of Washington. 19 20 21 22 23 BACKGROUND On February 16, 2017, plaintiff, who is housed at Washington State Penitentiary (“WSP”), filed a proposed application to proceed in forma pauperis and proposed civil rights complaint pursuant to 42 U.S.C. § 1983. Dkts. 1, 1-1, 2, 4. Plaintiff’s complaint alleges that medical providers at WSP refused to treat him for his anxiety. Dkt. 1-1. 24 ORDER TRANSFERRING CASE - 1 1 The Court has not granted plaintiff IFP status. The Court has not ordered the Clerk’s 2 Office to attempt service of process. No defendant has appeared in this action. On February 28, 3 2017, the Court ordered plaintiff to show cause why his case should not be transferred to the 4 Eastern District of Washington. Dkt. 5. The Court warned plaintiff that failure to file a response 5 to the Court’s order would result in plaintiff’s case being transferred to the Eastern District. Dkt. 6 5. Plaintiff did not file a response to the Court’s Order. See Dkt. 7 8 DISCUSSION Venue may be raised by the court sua sponte where the defendant has not filed a 9 responsive pleading and the time for doing so has not run. See Costlow v. Weeks, 790 F.2d 1486, 10 1488 (9th Cir. 1986). When jurisdiction is not founded solely on diversity, venue is proper in (1) 11 the district in which any defendant resides, if all of the defendants reside in the same state; (2) 12 the district in which a substantial part of the events or omissions giving rise to the claim 13 occurred, or a substantial part of the property that is the subject of the action is situated; or (3) a 14 judicial district in which any defendant may be found, if there is no district in which the action 15 may otherwise be brought. See 28 U.S.C. § 1391(b). When venue is improper, the district court 16 has the discretion to either dismiss the case or transfer it “in the interest of justice.” See 28 17 U.S.C. § 1406(a). 18 Here, it is clear from plaintiff’s complaint that his claims arise out of actions committed 19 at WSP. Dkt. 1-1. WSP is located in Walla Walla, Washington, which is within the venue of the 20 Eastern District of Washington. See 28 U.S.C. §§ 128(a). The only defendants residing in the 21 Western District of Washington are the Department of Corrections (“DOC”) and defendant 22 Bovenkamp, the Assistant Secretary of the DOC Health Services Division, who appears to be 23 named on the basis of his supervisory liability. Dkt. 1-1. 24 ORDER TRANSFERRING CASE - 2 1 Accordingly, the Court orders that this case be transferred to the Eastern District of 2 Washington in Spokane. 3 Dated this 14th day of April, 2017. A 4 5 J. Richard Creatura United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER TRANSFERRING CASE - 3

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