Opinion
23-cv-00094-SK (PR)
04-26-2023
EDWARD ANDROSHCHUK, G48718, Plaintiff, v. M. BREWER, Correctional Officer, et al., Defendant(s).
ORDER OF TRANSFER
SALLIE KIM UNITED STATES MAGISTRATE JUDGE
While plaintiff was incarcerated at Salinas Valley State Prison (SVSP), he filed this pro se prisoner action for damages under 42 U.S.C. § 1983 and 28 U.S.C. § 1367 alleging federal and state law violations while he was incarcerated at Mule Creek State Prison (MCSP) in August 2022. See ECF No. 1 (Compl.) at 6 (“This act of violation happened at MCSP”). Because a substantial part of the events/omissions giving rise to the claims occurred, and the defendants named reside, in the County of Amador, which lies within the venue of the Eastern District of California, 28 U.S.C. § 84(b), venue properly lies in the Eastern District, Id. § 1391(b).
Although the state prisons' online public inmate locator system indicates that plaintiff now is at Kern Valley State Prison (KVSP), plaintiff did not file a notice of change of address or otherwise inform the court that his mailing address in this case is no longer SVSP.
Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action be TRANSFERRED to the United States District Court for the Eastern District of California.
The clerk shall transfer this matter forthwith.
IT IS SO ORDERED.