Opinion
No. C 03-0201 JSW (PR)
May 1, 2003
TRANSFER ORDER
Plaintiff is a state prisoner currently incarcerated at the Santa Rita Jail in Alameda County. He filed this civil rights action complaining of injuries he suffered when incarcerated at High Desert State Prison, in Lassen County. Plaintiff names as sole Defendant Edward S. Alameida, Director of the Department of Corrections at Sacramento, in Sacramento County.
When jurisdiction is not founded solely on diversity, venue is proper in the district in which (1) 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 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. 28 U.S.C. § 1391 (b). Where a case is filed in the wrong venue, the district court has the discretion either to dismiss the case or transfer it to the proper federal court "in the interest of justice." 28 U.S.C. § 1406 (a). 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. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986).
Plaintiff alleges acts which occurred solely within the venue of the Eastern District of California, and the sole named Defendant resides there as well. See 28 U.S.C. § 84. Therefore, the proper venue for this action is in that district. Accordingly, IT IS ORDERED in the interest of justice, and pursuant to 28 U.S.C. § 1406 (a), that this action be and hereby is TRANSFERRED to the United States District Court for the Eastern District of California. Plaintiffs motion to proceed in forma pauperis (docket nos. 2, 4) is DENIED without prejudice to a determination by the transferee court. The Clerk of the Court shall transfer this matter forthwith.
IT IS SO ORDERED.