Opinion
No. C 03-879 CRB (PR).
March 6, 2003
ORDER OF TRANSFER
Plaintiff, a prisoner currently incarcerated at California State Prison, Solano in Vacaville, California ("CSP — Solano"), filed an action in the Superior Court of the State of California in and for the County of Solano attacking the conditions of his confinement at Pleasant Valley State Prison in Coalinga, California, and at CSP — Solano. The action was removed by the California Department of Corrections ("CDC") to this court pursuant to 28 U.S.C. § 1441(b).
A careful review of the complaint makes clear that a substantial part of the events or omissions giving rise to the claim(s) occurred, and that the defendants named reside, in the Counties of Fresno, Solano and Sacramento, which all lie within the venue of the Eastern District of California. See 28 U.S.C. § 84(b), Venue therefore properly lies in the Eastern District of California. See id. § 1391(b).
Venue also is preferable in the Eastern District of California "[f]or the convenience of [the] parties and witnesses, [and] in the interest of justice." 28 U.S.C. § 1404(a). After all, plaintiff currently resides in the Eastern District of California, and has litigated at least one prior related case in that court. See Ashanti v CDC, No. CIV-S-99-1705-DFL (GGH) (E.D. Cal. filed Aug, 19, 1999).
Accordingly, IT IS ORDERED that in the interest of justice, and pursuant to 28 U.S.C. § 1404(a) and 1406(a), this action be TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk shall transfer this matter and terminate all pending motions as moot.
SO ORDERED.