Opinion
No. C 03-5829 MMC (PR)
March 15, 2004
ORDER OF TRANSFER
This is an action filed by a pro se prisoner incarcerated at Avenal State Prison ("Avenal") in Kings County, California. He names as defendants two Avenal employees, alleging that they failed to provide him transportation to a juvenile court hearing for his daughter.
Venue may be raised by the court sua sponte where the defendant has not yet filed a responsive pleading and the time for doing so has not run.See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). When jurisdiction is not founded solely on diversity, venue is proper in (1) the district in which any defendant resides, if all of the defendants reside in the same state; (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated; or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.See 28 U.S.C. § 1391(b). When venue is improper, the district court has the discretion to either dismiss the case or transfer it "in the interest of justice." See 28 U.S.C. § 1406(a).
Plaintiffs claims arise out of actions alleged to have been committed in Kings County, by defendants located in Kings County. Kings County is within the venue of the Eastern District of California. 28 U.S.C. § 84(b). Accordingly, in the interest of justice, this action is hereby TRANSFERRED to the United States District Court for the Eastern District of California.
The Clerk is directed to transfer the action forthwith and to terminate all pending motions from this Court's docket.
IT IS SO ORDERED.