Opinion
No. 09-15079.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 5, 2010.
Shaun Darnell Garland, Calipatria, CA, pro se.
Appeal from the United States District Court for the Eastern District of California, Oliver W. Wanger, District Judge, Presiding. D.C. No. l:06-cv-00198-OWW-GSA.
Before: WALLACE, HAWKINS, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The district court properly dismissed Shaun Darnell Garland's ("Garland") claims against defendant Lewis, without prejudice, so that Garland could refile them in the proper venue. See 28 U.S.C. § 1391(b) ("A civil action. . . may . . . be brought only in . . . a judicial 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 . . ."); see also Fed.R.Civ.P. 21 (permitting the court, on just terms, to drop a party).
Contrary to Garland's contention, the district court did not err by denying his motion to transfer him from state to federal custody because he had already been transferred to a different state prison. See Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995).
Garland's remaining contentions are unpersuasive.